The Chief Clerk proceeded to read the
Journal of the preceding day.There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.

Journal of
the House - 83rd Day - Thursday, April 19, 2018 - Top of Page 8186

REPORTS
OF STANDING COMMITTEES AND DIVISIONS

Johnson, B.,
from the Committee on Public Safety and Security Policy and Finance to which
was referred:

H. F. No. 2856, A bill for
an act relating to public safety; expanding the list of prior offenses that
support a conviction of first-degree
driving while impaired; amending Minnesota Statutes 2016, section 169A.24, subdivision
1.

Reported the same back with the following
amendments:

Delete everything after the enacting
clause and insert:

"ARTICLE
1

APPROPRIATIONS

Section 1.APPROPRIATIONS.

The
sums shown in the column under "Appropriations" are added to the appropriations
in Laws 2017, chapter 95, article 1, to the agencies and for the
purposes specified in this article.The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose.The figures "2018" and
"2019" used in this article mean that the addition to the
appropriation listed under them is available for the fiscal year ending June
30, 2018, or June 30, 2019, respectively."The first year" is fiscal year 2018."The second year" is fiscal year
2019.Appropriations for the fiscal year
ending June 30, 2018, are effective the day following final enactment.

APPROPRIATIONS

Available for the
Year

Ending June 30

2018

2019

Sec. 2.SUPREME
COURT

Subdivision 1.Total
Appropriation

$182,000

$0

Subd. 2.Stays
of Adjudication Implementation

$182,000 in fiscal year 2018 is for case
management system development.

Any unencumbered balance remaining in the
first year does not cancel and is available in the second year.

Sec. 3.DISTRICT
COURTS

$0

$618,000

Ignition
Interlock Implementation.$618,000
in fiscal year 2019 is for one judge unit and two additional court
administrative clerks.The general fund
base for this appropriation shall be $585,000 beginning in fiscal year 2020.

Journal of the House - 83rd Day
- Thursday, April 19, 2018 - Top of Page 8187

Sec. 4.GUARDIAN
AD LITEM BOARD

$0

$3,667,000

To hire additional guardians ad litem to
comply with federal and state mandates and court orders for representing the
best interests of children in juvenile and family court proceedings.

Sec. 5.BOARD
OF PUBLIC DEFENSE

$0

$850,000

Additional
Staff.$850,000 is for
additional staffing.The general fund
base for this appropriation shall be $2,966,000 beginning in fiscal year 2020.

Sec. 6.PUBLIC
SAFETY

Subdivision 1.Total
Appropriation

$0

$253,000

Appropriations
by Fund

2018

2019

General

0

118,000

Driver Services Fund

0

135,000

Subd. 2.Vulnerable
Adults Working Group

$39,000 in fiscal year 2019 is
appropriated from the general fund to the commissioner of public safety for
purposes of the working group examining crimes against vulnerable adults.

Subd. 3.Funding
for the Task Force on Missing and Murdered Indigenous Women

$79,000 in fiscal year 2019 is appropriated
from the general fund to the commissioner of public safety to implement
Minnesota Statutes, section 299A.90, relating to the Task Force on Missing and
Murdered Indigenous Women.The general
fund base for this appropriation shall be $70,000 in fiscal year 2020 and $0 in
fiscal year 2021.

Subd. 4.Ignition
Interlock

$135,000 in fiscal year 2019 is
appropriated from the driver services fund for increased use of ignition
interlock.The base for this
appropriation shall be $125,000 beginning in fiscal year 2020.

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- Thursday, April 19, 2018 - Top of Page 8188

$1,000,000 in fiscal year 2019 is for
county probation officer reimbursement, as described in Minnesota Statutes,
section 401.10, to provide supervision to offenders placed on intensive
probation pursuant to Minnesota Statutes, section 609.3455, subdivision 8a.

The general fund base for this program
shall be increased by $915,000 in fiscal year 2020 and $2,885,000 in fiscal
year 2021 for ongoing intensive probation costs.

Sec. 8.DEPARTMENT
OF HUMAN SERVICES

$0

$12,000

Nonpaternity
Action.$12,000 in fiscal
year 2019 is appropriated to the commissioner for state costs to update a
paternity training video.

Subdivision 1.Actions
under section 257.55, subdivision 1, paragraph (a), (b), or (c).A child, the child's biological mother,
or a man presumed to be the child's father under section 257.55, subdivision 1,
paragraph (a), (b), or (c) may bring an action:

(1) at any time for the purpose of
declaring the existence of the father and child relationship presumed under
section 257.55, subdivision 1, paragraph (a), (b), or (c); or

(2) for the purpose of declaring the
nonexistence of the father and child relationship presumed under section
257.55, subdivision 1, paragraph (a), (b), or (c), only if the action is
brought within twothree years after the person bringing the
action has reason to believe that the presumed father is not the father of the
child, but in no event later than three years after the child's birth.However, if the presumed father was divorced
from the child's mother and if, on or before the 280th day after the judgment
and decree of divorce or dissolution became final, he did not know that the
child was born during the marriage or within 280 days after the marriage was
terminated, the action is not barred until one year after the child reaches
the age of majority or one yearthree years after the presumed
father knows or reasonably should have known of the birth of the child,
whichever is earlier.After the
presumption has been rebutted, paternity of the child by another man may be
determined in the same action, if he has been made a party.

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Subd. 2.Actions
under other paragraphs of section 257.55, subdivision 1.The child, the mother, or personal
representative of the child, the public authority chargeable by law with the
support of the child, the personal representative or a parent of the mother if
the mother has died or is a minor, a man alleged or alleging himself to be the
father, or the personal representative or a parent of the alleged father if the
alleged father has died or is a minor may bring an action:

(1) at any time for the purpose of declaring
the existence of the father and child relationship presumed under sections
257.55, subdivision 1, paragraph (d), (e), (g), or (h), and 257.62, subdivision
5, paragraph (b), or the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, clause (d);

(2) for the purpose of declaring the
nonexistence of the father and child relationship presumed under section
257.55, subdivision 1, paragraph (d), only if the action is brought within
three years from when the presumed father began holding the child out as his
own;

(3) for the purpose of declaring the
nonexistence of the father and child relationship presumed under section
257.55, subdivision 1, paragraph (e) or (g), only if the action is brought
within six monthsthree years after the person bringing the
action obtains the results of blood or genetic tests that indicate that the
presumed father is not the father of the childhas reason to believe
that the presumed father is not the biological father;

(3)(4) for the purpose of declaring
the nonexistence of the father and child relationship presumed under section
257.62, subdivision 5, paragraph (b), only if the action is brought within
three years after the party bringing the action, or the party's attorney of
record, has been provided the blood or genetic test results; or

(4)(5) for the purpose of
declaring the nonexistence of the father and child relationship presumed under
section 257.75, subdivision 9, only if the action is brought by the minor
signatory within six monthsthree years after the youngest
minor signatory reaches the age of 18 or three years after the person
bringing the action has reason to believe that the father is not the biological
father of the child, whichever is later.In the case of a recognition of parentage executed by two minor
signatories, the action to declare the nonexistence of the father and child
relationship must be brought within six months after the youngest signatory
reaches the age of 18.

Subd. 7.Nonexistence
of father-child relationship.(a)
An action to declare the nonexistence of the father-child relationship must be
personally served on all parties and meet the requirements of either subdivision
1 or 2.An action must be brought by a
petition, except that a motion may be filed in an underlying action regarding
parentage, custody, or parenting time.

(b) An action to declare the
nonexistence of the father-child relationship cannot proceed if the court finds
that in a previous proceeding:

(1) the father-child relationship was
contested and a court order determined the existence of the father-child
relationship; or

(2) the father-child relationship was
determined based upon a court order as a result of a stipulation or joint
petition of the parties.

(c)
Nothing in this subdivision precludes a party from relief under section
518.145, subdivision 2, clauses (1) to (3), if applicable, or the
Minnesota Rules of Civil Procedure.

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(d)
In evaluating whether or not to declare the nonexistence of the father-child
relationship, the court must consider, evaluate, and make written findings on
the following factors:

(1) the length of time between the
paternity adjudication or presumption of paternity and the time that the moving
party knew or should have known that the presumed or adjudicated father might
not be the biological father;

(2) the length of time during which the
presumed or adjudicated father has assumed the role of father of the child;

(3) the facts surrounding the moving
party's discovery of the presumed or adjudicated father's possible
nonpaternity;

(4) the nature of the relationship
between the child and the presumed or adjudicated father;

(5) the current age of the child;

(6) the harm or benefit that may result
to the child if the court ends the father-child relationship of the current
presumed or adjudicated father;

(7) the nature of the relationship
between the child and any presumed or adjudicated father;

(8) the parties' agreement to the
nonexistence of the father-child relationship and adjudication of paternity in
the same action;

(9) the extent to which the passage of
time reduces the chances of establishing paternity of another man and a child
support order for that parent;

(10) the likelihood of adjudication of
the biological father if not already joined in this action; and

(11) any additional factors deemed to
be relevant by the court.

(e) The burden of proof shall be on the
petitioner to show by clear and convincing evidence that, after consideration
of the factors in paragraph (d), declaring the nonexistence of the father-child
relationship is in the child's best interests.

(f) The court may grant the relief in
the petition or motion upon finding that:

(1) the moving party has met the
requirements of this section;

(2) the genetic testing results were
properly conducted in accordance with section 257.62;

(3) the presumed or adjudicated father
has not adopted the child;

(4) the child was not conceived by
artificial insemination that meets the requirements under section 257.56 or
that the presumed or adjudicated father voluntarily agreed to the artificial
insemination; and

(5) the presumed or adjudicated father
did not act to prevent the biological father of the child from asserting his
parental rights with respect to the child.

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(g)
Upon granting the relief sought in the petition or motion, the court shall
order the following:

(1) the father-child relationship has
ended and the presumed or adjudicated father's parental rights and
responsibilities end upon the granting of the petition;

(2) the presumed or adjudicated
father's name shall be removed from the minor child's birth record and a new
birth certificate shall be issued upon the payment of any fees;

(3) the presumed or adjudicated
father's obligation to pay ongoing child support shall be terminated, effective
on the first of the month after the petition or motion was served;

(4) any unpaid child support due prior
to service of the petition or motion remains due and owing absent an agreement
of all parties including the public authority, or the court determines other
relief is appropriate under the Rules of Civil Procedure; and

(5) the presumed or adjudicated father
has no right to reimbursement of past child support paid to the mother, the
public authority, or any other assignee of child support.

The order must include the provisions of section 257.66 if
another party to the action is adjudicated as the father of the child.

Subd. 4.Action
to vacate recognition.(a) An action
to vacate a recognition of paternity may be brought by the mother, father,
husband or former husband who executed a joinder, or the child.An action to vacate a recognition of
parentage may be brought by the public authority.A mother, father, or husband or former
husband who executed a joinder must bring the action within one year of the
execution of the recognition or within six months after the person bringing the
action obtains the results of blood or genetic tests that indicate that the man
who executed the recognition is not the father of the childthree years
after the person bringing the action has reason to believe that the father is
not the biological father of the child.A child must bring an action to vacate within six monthsthree
years after the child obtains the result of blood or genetic tests that
indicate thathas reason to believe the man who executed the
recognition is not the biological father of the child, or within one
year of reaching the age of majority, whichever is later.If the court finds a prima facie basis for
vacating the recognition, the court shall order the child, mother, father, and
husband or former husband who executed a joinder to submit to bloodgenetic
tests.If the court issues an order for
the taking of bloodgenetic tests, the court shall require the
party seeking to vacate the recognition to make advance payment for the costs
of the bloodgenetic tests, unless the parties agree and the
court finds that the previous genetic test results exclude the man who executed
the recognition as the biological father of the child.If the party fails to pay for the costs of
the bloodgenetic tests, the court shall dismiss the action to
vacate with prejudice.The court may
also order the party seeking to vacate the recognition to pay the other party's
reasonable attorney fees, costs, and disbursements.If the results of the bloodgenetic
tests establish that the man who executed the recognition is not the father,
the court shall vacate the recognition.Notwithstanding
the vacation of the recognition, the court may adjudicate the man who executed
the recognition under any other applicable paternity presumption under section
257.55.If a recognition is vacated,
any joinder in the recognition under subdivision 1a is also vacated.The court shall terminate the obligation of a
party to pay ongoing child support based on the recognition.A modification of child support based on a
recognition may be made retroactive with respect to any period during which the
moving party has pending a motion to vacate the recognition but only from the
date of service of notice of the motion on the responding party.

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(b)
The burden of proof in an action to vacate the recognition is on the moving
party.The moving party must request the
vacation on the basis of fraud, duress, or material mistake of fact.The legal responsibilities in existence at
the time of an action to vacate, including child support obligations, may not
be suspended during the proceeding, except for good cause shown.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to recognition of parentage signed on or
after that date.

Subd. 3.Appointment
of counsel.(a) The child, parent,
guardian or custodian has the right to effective assistance of counsel in
connection with a proceeding in juvenile court as provided in this subdivision.

(b) Except in proceedings where the sole
basis for the petition is habitual truancy, if the child desires counsel but is
unable to employ it, the court shall appoint counsel to represent the child who
is ten years of age or older under section 611.14, clause (4), or other counsel
at public expense.

(c) Except in proceedings where the sole
basis for the petition is habitual truancy, if the parent, guardian, or
custodian desires counsel but is unable to employ it, the court shall appoint
counsel to represent the parent, guardian, or custodian in any case in which it
feels that such an appointment is appropriate if the person would be
financially unable to obtain counsel under the guidelines set forth in section
611.17. Court appointed counsel shall be
at county expense as outlined in paragraph (h).

(d) In any proceeding where the subject of
a petition for a child in need of protection or services is ten years of age or
older, the responsible social services agency shall, within 14 days after
filing the petition or at the emergency removal hearing under section
260C.178, subdivision 1, if the child is present, fully and effectivelyor
no later than the admit-deny hearing pursuant to Rule 34 of the Minnesota Rules
of Juvenile Protection Procedure, inform the child of the child's right to
be represented by appointed counsel upon request and shall notify the
court as to whether the child desireddoes or does not desire
counsel.The agency is not required
to inform the child of the right to be represented by appointed counsel if the
court has already appointed counsel to represent the child.Information provided to the child shall
include, at a minimum, the fact that counsel will be provided without charge to
the child, that the child's communications with counsel are confidential, and
that the child has the right to participate in all proceedings on a petition,
including the opportunity to personally attend all hearings.The responsible social services agency shall
also, within 14 days of the child's tenth birthday, fully and effectively
inform the child of the child's right to be represented by counsel no later
than the first court hearing after the child's tenth birthday, if the child
reaches the age of ten years while the child is the subject of a petition for a
child in need of protection or services or is a child under the guardianship of
the commissioner.

(e) In any proceeding where the sole basis
for the petition is habitual truancy, the child, parent, guardian, and custodian
do not have the right to appointment of a public defender or other counsel at
public expense.However, before any
out-of-home placement, including foster care or inpatient treatment, can be
ordered, the court must appoint a public defender or other counsel at public
expense in accordance with this subdivision.

(f) Counsel for the child shall not also
act as the child's guardian ad litem.

(g) In any proceeding where the subject of
a petition for a child in need of protection or services is not represented by
an attorney, the court shall determine the child's preferences regarding the
proceedings, including informing the child of the right to appointed counsel
and asking whether the child desires counsel, if the child is of suitable age
to express a preference.

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(h)
Court-appointed counsel for the parent, guardian, or custodian under this
subdivision is at county expense.If the
county has contracted with counsel meeting qualifications under paragraph (i),
the court shall appoint the counsel retained by the county, unless a conflict
of interest exists.If a conflict
exists, after consulting with the chief judge of the judicial district or the
judge's designee, the county shall contract with competent counsel to provide
the necessary representation.The court
may appoint only one counsel at public expense for the first court hearing to
represent the interests of the parents, guardians, and custodians, unless, at
any time during the proceedings upon petition of a party, the court determines
and makes written findings on the record that extraordinary circumstances exist
that require counsel to be appointed to represent a separate interest of other
parents, guardians, or custodians subject to the jurisdiction of the juvenile
court.

(i) Counsel retained by the county under paragraph (h) must
meet the qualifications established by the Judicial Council in at least one of
the following:(1) has a minimum of two
years' experience handling child protection cases; (2) has training in handling
child protection cases from a course or courses approved by the Judicial
Council; or (3) is supervised by an attorney who meets the minimum
qualifications under clause (1) or (2).

Subd. 10.Waiver.(a) Waiver of any right which a child has under this chapter must be
an express waiver made voluntarily, intelligently, and in writing by the child
after the child has been fully and effectively informed of the right to counsel
and after consulting with an appointed attorney.

(b) Waiver of a child's
right to be represented by counsel provided under the juvenile court rulesin subdivision 3, paragraph (b), must be an express waiver
made voluntarily, intelligently, and on the record or in writing by the
child after the child has been fully and effectively informed of the
right being waived by the responsible social services agency andin
accordance with subdivision 3, paragraph (d), or after consultation with an
appointed attorney.In determining
whether a child has voluntarily and intelligently waived the right to counsel,
the court shall look to the totality of the circumstances which includes but is
not limited to the child's age, maturity, intelligence, education, experience,
and ability to comprehend, and the presence and competence of the child's
parents, guardian, or guardian ad litem.The court shall not permit the child's parent, other person legally
responsible for the child's care, or the child's guardian ad litem to waive the
child's right to be represented by counsel.If the court accepts the child's waiver, it shall state on the record
the findings and conclusions that form the basis for its decision to accept the
waiver.

(c) A child may revoke a waiver under this section at
any time in any juvenile protection proceeding listed in section 260C.001,
subdivision 1, paragraph (b).

Subd. 2.Fee amounts.The fees to be charged and collected by
the court administrator shall be as follows:

(1) In every civil action or proceeding in said court,
including any case arising under the tax laws of the state that could be
transferred or appealed to the Tax Court, the plaintiff, petitioner, or other
moving party shall pay, when the first paper is filed for that party in said
action, a fee of $285, except in:(i)
marriage dissolution actions the fee is $315.; and (ii) an action to
renew a judgment on a consumer credit transaction as defined in section 491A.01
the fee is $40 when the judgment has not been satisfied and is begun within ten
years after the entry of the judgment and the action is brought by the original
creditor and not a subsequent assignee of the creditor.

The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or intervening parties
appearing separately from the others, shall pay, when the first paper is filed
for that party in said action, a fee of $285, except in:(i) marriage dissolution actions the fee
is $315; and (ii) an action to renew a judgment on a consumer credit
transaction as defined in section 491A.01 the fee is $40 when the judgment has
not

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been
satisfied and is begun within ten years after the entry of the judgment and the
action is brought by the original creditor and not a subsequent assignee of the
creditor.This subdivision does not
apply to the filing of an Application for Discharge of Judgment.Section 548.181 applies to an Application for
Discharge of Judgment.

The party requesting a trial by jury shall
pay $100.

The fees above stated shall be the full trial
fee chargeable to said parties irrespective of whether trial be to the court
alone, to the court and jury, or disposed of without trial, and shall include
the entry of judgment in the action, but does not include copies or certified
copies of any papers so filed or proceedings under chapter 103E, except the
provisions therein as to appeals.

(2) Certified copy of any instrument from a
civil or criminal proceeding, $14, and $8 for an uncertified copy.

(3) Issuing a subpoena, $16 for each name.

(4) Filing a motion or response to a motion
in civil, family, excluding child support, and guardianship cases, $75.

(10) For the filing of each partial, final,
or annual account in all trusteeships, $55.

(11) For the deposit of a will, $27.

(12) For recording notary commission, $20.

(13) Filing a motion or response to a motion
for modification of child support, a fee of $50.

(14) All other services required by law for
which no fee is provided, such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.

(15) In addition to any other filing fees
under this chapter, a surcharge in the amount of $75 must be assessed in
accordance with section 259.52, subdivision 14, for each adoption petition
filed in district court to fund the fathers' adoption registry under section
259.52.

The fees in clauses (3) and (5) need not be
paid by a public authority or the party the public authority represents.

Subd. 2.Reopening.On motion and upon terms as are just, the
court may relieve a party from a judgment and decree, order, or proceeding
under this chapter, except for provisions dissolving the bonds of marriage,
annulling the marriage, or directing that the parties are legally separated,
and may order a new trial or grant other relief as may be just for the
following reasons:

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(1)
mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence which by due
diligence could not have been discovered in time to move for a new trial under
the Rules of Civil Procedure, rule 59.03;

(3) fraud, whether denominated intrinsic
or extrinsic, misrepresentation, or other misconduct of an adverse party;

(4) the judgment and decree or order is
void; or

(5) the judgment has been satisfied,
released, or discharged, or a prior judgment and decree or order upon which it
is based has been reversed or otherwise vacated, or it is no longer equitable
that the judgment and decree or order should have prospective application.

The motion must be made within a
reasonable time, and for a reason under clause (1), (2), or (3), other than
a motion to declare the nonexistence of the father-child relationship, not
more than one year after the judgment and decree, order, or proceeding was
entered or taken.An action to
declare the nonexistence of the father-child relationship must be made within a
reasonable time under clause (1), (2), or (3), and not more than three years
after the person bringing the action has reason to believe that the father is
not the father of the child.A
motion under this subdivision does not affect the finality of a judgment and
decree or order or suspend its operation.This subdivision does not limit the power of a court to entertain an
independent action to relieve a party from a judgment and decree, order, or
proceeding or to grant relief to a party not actually personally notified as
provided in the Rules of Civil Procedure, or to set aside a judgment for fraud
upon the court.

Subdivision 1.When
owed; rate.(a) When a judgment or
award is for the recovery of money, including a judgment for the recovery of
taxes, interest from the time of the verdict, award, or report until judgment
is finally entered shall be computed by the court administrator or arbitrator
as provided in paragraph (c), clause (1), regardless of the amount and
added to the judgment or award.

(b) Except as otherwise provided by
contract or allowed by law, preverdict, preaward, or prereport interest on
pecuniary damages shall be computed as provided in paragraph (c), clause
(1), regardless of the amount from the time of the commencement of the
action or a demand for arbitration, or the time of a written notice of claim,
whichever occurs first, except as provided herein.The action must be commenced within two years
of a written notice of claim for interest to begin to accrue from the time of
the notice of claim.If either party
serves a written offer of settlement, the other party may serve a written
acceptance or a written counteroffer within 30 days.After that time, interest on the judgment or
award shall be calculated by the judge or arbitrator in the following manner.The prevailing party shall receive interest
on any judgment or award from the time of commencement of the action or a
demand for arbitration, or the time of a written notice of claim, or as to
special damages from the time when special damages were incurred, if later,
until the time of verdict, award, or report only if the amount of its offer is
closer to the judgment or award than the amount of the opposing party's offer.If the amount of the losing party's offer was
closer to the judgment or award than the prevailing party's offer, the
prevailing party shall receive interest only on the amount of the settlement
offer or the judgment or award, whichever is less, and only from the time of
commencement of the action or a demand for arbitration, or the time of a
written notice of claim, or as to special damages from when the special damages
were incurred, if later, until the time the settlement offer was made.Subsequent offers and counteroffers supersede
the legal effect of earlier offers and counteroffers.For the purposes of clause (2), the amount of
settlement offer must be allocated between past and future damages in the same
proportion as determined by the trier of fact.Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest shall not be awarded on the following:

(1) judgments, awards, or benefits in
workers' compensation cases, but not including third-party actions;

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(2)
judgments or awards for future damages;

(3) punitive damages, fines, or other
damages that are noncompensatory in nature;

(4) judgments or awards not in excess of
the amount specified in section 491A.01; and

(5) that portion of any verdict, award, or
report which is founded upon interest, or costs, disbursements, attorney fees,
or other similar items added by the court or arbitrator.

(c)(1)(i) For interest that accrues
before a judgment is final, a judgment or award of $50,000 or less, or
a judgment or award for or against the state or a political subdivision of the
state, regardless of the amount, or a judgment or award in a family court
action, regardless of the amount, the interest shall be computed as simple
interest per annum.The rate of interest
shall be based on the secondary market yield of one year United States Treasury
bills, calculated on a bank discount basis as provided in this section.

On or before the 20th day of December of
each year the state court administrator shall determine the rate from the
one-year constant maturity treasury yield for the most recent calendar month,
reported on a monthly basis in the latest statistical release of the board of
governors of the Federal Reserve System.This yield, rounded to the nearest one percent, or four percent,
whichever is greater, shall be the annual interest rate during the succeeding
calendar year.The state court
administrator shall communicate the interest rates to the court administrators
and sheriffs for use in computing the interest on verdicts and shall make the
interest rates available to arbitrators.

This item applies to any section that
references section 549.09 by citation for the purposes of computing an interest
rate on any amount owed to or by the state or a political subdivision of the
state, regardless of the amount.

(ii) The court, in a family court action,
may order a lower interest rate or no interest rate if the parties agree or if
the court makes findings explaining why application of a lower interest rate or
no interest rate is necessary to avoid causing an unfair hardship to the debtor.This item does not apply to child support or
spousal maintenance judgments subject to section 548.091.

(2) For a judgment or award over $50,000,
other than a judgment or award for or against the state or a political
subdivision of the state or a judgment or award in a family court action, the
interest rate shall be ten percent per year until paid.

(3) When a judgment creditor, or the
judgment creditor's attorney or agent, has received a payment after entry of
judgment, whether the payment is made voluntarily by or on behalf of the
judgment debtor, or is collected by legal process other than execution levy
where a proper return has been filed with the court administrator, the judgment
creditor, or the judgment creditor's attorney, before applying to the court
administrator for an execution shall file with the court administrator an
affidavit of partial satisfaction.The
affidavit must state the dates and amounts of payments made upon the judgment
after the most recent affidavit of partial satisfaction filed, if any; the part
of each payment that is applied to taxable disbursements and to accrued
interest and to the unpaid principal balance of the judgment; and the accrued,
but the unpaid interest owing, if any, after application of each payment.

(d) This section does not apply to
arbitrations between employers and employees under chapter 179 or 179A.An arbitrator is neither required to nor
prohibited from awarding interest under chapter 179 or under section 179A.16
for essential employees.

(e) For purposes of this subdivision:

(1) "state" includes a
department, board, agency, commission, court, or other entity in the executive,
legislative, or judicial branch of the state; and

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(2)
"political subdivision" includes a town, statutory or home rule
charter city, county, school district, or any other political subdivision of
the state.

(f) This section does not apply to a judgment or award
upon which interest is entitled to be recovered under section 60A.0811.

EFFECTIVE DATE.This section is effective August 1,
2018, and applies to judgments and awards entered on or after that date.

Subdivision 1.DefinitionDefinitions.(a) For purposes of this section, the
following terms have the meanings given.

(b) "Exonerated" means that:

(1) a court of this state:

(i) vacated or, reversed, or set aside
a judgment of conviction on grounds consistent with innocence and there are
no remaining felony charges in effect against the petitioner from the same
behavioral incident, or if there are remaining felony charges against the
petitioner from the same behavioral incident, the prosecutor dismissed
thedismisses those remaining felony charges; or

(ii) ordered a new trial on grounds consistent with
innocence and the prosecutor dismissed the charges or the petitioner was
found not guilty at the new trialall felony charges against the
petitioner arising from the same behavioral incident or the petitioner was
found not guilty of all felony charges arising from the same behavioral
incident at the new trial; and

(2) the time for appeal of the order resulting in exoneration
has expired or the order has been affirmed and is final.; and

(3) 60 days has passed since the judgment of conviction
was reversed or vacated, and the prosecutor has not filed any felony charges
against the petitioner from the same behavioral incident, or if the prosecutor
did file felony charges against the petitioner from the same behavioral
incident, those felony charges were dismissed or the defendant was found not
guilty of those charges at the new trial.

(c) "On grounds consistent with innocence"
means either:

(1) exonerated, through a pardon or sentence
commutation, based on factual innocence; or

(2) exonerated because the judgment of conviction was
vacated or reversed and there is any evidence of factual innocence whether it
was available at the time of investigation or trial or is newly discovered
evidence.

Subd. 2.Procedure.A petition for an order declaring eligibility for compensation based
on exoneration under sections 611.362 to 611.368 must be brought before the
district court where the original conviction was obtained.The state must be represented by the office
of the prosecutor that obtained the conviction or the prosecutor's successor.Within 60 days after the filing of the
petition, the prosecutor must respond to the petition.A petition

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must
be brought within two years, but no less than 60 days after the petitioner is
exonerated.Persons released from
custody after being exonerated before July 1, 2014, must commence an action
under this section within two years of July 1, 2014.If, before July 1, 2018, a person did not
meet both requirements of Minnesota Statutes 2016, section 590.11, subdivision
1, paragraph (b), clause (1), item (i), and did not file a petition or the
petition was denied, that person may
commence an action meeting the requirements under section 10, subdivision 1,
paragraph (b), clause (1), item (i), on or after July 1, 2018, and
before July 1, 2020.

Subd. 5.Elements.(a) A claim for compensation arises if a
person is eligible for compensation under subdivision 3 and:

(1) the person was convicted of a felony
and served any part of the imposed sentence in prison;

(2) in cases where the person was
convicted of multiple charges arising out of the same behavioral incident, the
person was exonerated for all of those charges;

(3) the person did not commit or induce
another person to commit perjury or fabricate evidence to cause or bring about
the conviction; and

(4) the person was not serving a term of imprisonmentincarceration for another crime at the same time, provided thatexcept:

(i) if the person served additional
time in prison due to the conviction that is the basis of the claim, the person
may make a claim for that portion of time
served in prison during which the person was serving no other sentence.;
or

(ii) if the person served additional
executed sentences that had been previously stayed, and the reason the
additional stayed sentences were executed was due to the conviction that is the
basis for the claim.

(b) A claimant may make a claim only for
that portion of time served in prison during which the claimant was serving no
other sentence.

(c) A confession or admission later found
to be false or a guilty plea to a crime the claimant did not commit does not
constitute bringing about the claimant's conviction for purposes of paragraph
(a), clause (3).

Subd. 7.Order.If, after considering all the files and
records admitted and any evidence admitted at a hearing held pursuant to
subdivision 4, the court determines that the petitioner is eligible for
compensation, the court shall issue an order containing its findings and, if
applicable, indicate the portion of the term of imprisonmentincarceration
for which the petitioner is entitled to make a claim.The court shall notify the petitioner of the
right to file a claim for compensation under sections 611.362 to 611.368 and
provide the petitioner with a copy of those sections.The petitioner must acknowledge receipt of
the notice and a copy of those sections in writing or on the record before the
court.

EFFECTIVE
DATE.This section is
effective July 1, 2018.

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Subdivision 1.Common
law crimes abolished.Common law
crimes are abolished and no act or omission is a crime unless made so by this
chapter or by other applicable statute, but.This does not prevent the use of common law
rules in the construction or interpretation of the provisions of this chapter
or other statute except that a law reducing a sentence does not apply to
crimes committed prior to the date on which the change takes effect unless the
statute specifically states otherwise.Crimes committed prior to September 1, 1963, are not affected thereby.

EFFECTIVE
DATE.This act is effective
the day following final enactment.

Subd. 2.Reimbursement;
monetary damages; attorney fees.(a)
The claimant is entitled to reimbursement for all restitution, assessments,
fees, court costs, and other sums paid by the claimant as required by the
judgment and sentence.In addition, the
claimant is entitled to monetary damages of not less than $50,000 or more
than $100,000 for each year of imprisonmentincarceration,
and not less than $25,000 for each year served on supervised release or as a
registered predatory offender, to be prorated for partial years served.In calculating additional monetary
damages, the panel shall consider:

(2) reimbursement for medical and dental
expenses that the claimant already incurred and future unpaid expenses expected
to be incurred as a result of the claimant's imprisonmentincarceration;

(3) noneconomic damages for personal
physical injuries or sickness and any nonphysical injuries or sickness incurred
as a result of imprisonmentincarceration;

(4) reimbursement for any tuition and fees
paid for each semester successfully completed by the claimant in an educational
program or for employment skills and development training, up to the equivalent
value of a four-year degree at a public university, and reasonable payment for
future unpaid costs for education and training, not to exceed the anticipated
cost of a four-year degree at a public university;

(5) reimbursement for paid or unpaid child
support payments owed by the claimant that became due, and interest on child
support arrearages that accrued, during the time served in prison provided that
there shall be no reimbursement for any child support payments already owed
before the claimant's incarceration; and

(6) reimbursement for reasonable costs of
paid or unpaid reintegrative expenses for immediate services secured by the
claimant upon exoneration and release, including housing, transportation and
subsistence, reintegrative services, and medical and dental health care costs.

(b) The panel shall award the claimant
reasonable attorney fees incurred in bringing a claim under sections 611.362 to 611.368 and in obtaining an order of
eligibility for compensation based on exoneration under chapter 590.

EFFECTIVE
DATE.This section is
effective July 1, 2018.

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Subd. 3.Limits
on damages.There is no limit on the
aggregate amount of damages that may be awarded under this section.Damages that may be awarded under subdivision
2, paragraph (a), clauses (1) and (4) to (6), are limited to $100,000 per year
of imprisonmentincarceration and $50,000 per year served on
supervised release or as a registered predatory offender.

EFFECTIVE
DATE.This section is
effective July 1, 2018.

Sec. 17.Minnesota Statutes 2016, section 611.367, is
amended to read:

611.367
COMPENSATING EXONERATED PERSONS; APPROPRIATIONS PROCESS.

The compensation panel established in
section 611.363 shall forward an award of damages under section 611.365 to the
commissioner of management and budget.The
commissioner shall submit the amount of the award to the legislature for
consideration as an appropriation during the next session of the legislature.

EFFECTIVE
DATE.This section is
effective July 1, 2018.

Sec. 18.Minnesota Statutes 2016, section 611.368, is
amended to read:

611.368
SHORT TITLE.

Sections 611.362 to 611.368 shall be cited
as the "ImprisonmentIncarceration and Exoneration Remedies
Act."

Subd. 2.Application
and orders.(a) Applications
made and warrants issued under this chapter shall be sealed by the judge.Custody of the applications and orders shall
be wherever the judge directs.Such
applications and orders shall be disclosed only upon a showing of good cause
before a judge of the district court and shall not be destroyed except on order
of the issuing or denying judge, and in any event shall be kept for ten years.

(b) Notwithstanding paragraph (a), the
filing, sealing, and reporting requirements for applications made and warrants
issued under this chapter that involve location information of electronic
devices, as defined in section 626A.42, are governed by section 626A.42,
subdivision 4.However, applications and
warrants, or portions of applications and warrants, that do not involve
location information of electronic devices continue to be governed by paragraph
(a).

Subd. 4.Nondisclosure
of existence of pen register, trap and trace device, or mobile tracking device.(a) An order authorizing or
approving the installation and use of a pen register, trap and trace device, or
a mobile tracking device must direct that:

(1) the order be sealed until otherwise
ordered by the court; and

(2) the person owning or leasing the line
to which the pen register or a trap and trace device is attached, or who has
been ordered by the court to provide assistance to the applicant, not disclose
the existence of the pen register, trap and trace device, mobile tracking
device, or the existence of the investigation to the listed subscriber, or to
any other person, unless or until otherwise ordered by the court.

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(b)
Paragraph (a) does not apply to an order that involves location information of
electronic devices, as defined in section 626A.42.Instead, the filing, sealing, and reporting
requirements for those orders are governed by section 626A.42, subdivision 4.However, any portion of an order that does
not involve location information of electronic devices continues to be governed
by paragraph (a).

Except as otherwise provided in this
subdivision, no person may record or broadcast any criminal matter, including a
trial, hearing, motion, or argument, absent the express consent of the
defendant and the victim.This
prohibition applies to the use of television, radio, audio, photographic, or
other recording equipment.This prohibition
does not apply to the use of electronic, photographic, or other recording
equipment approved by the court for purposes of making the court record,
including closed-circuit interactive television.

(a) A tow truck or towing vehicle
must be equipped with flashing or intermittent red and amber lights of a type
approved by the commissioner of public safety.A tow truck or towing vehicle may be equipped with a blue light,
subject to the limitations under section 169.64, subdivision 4, paragraphs (a)
and (b).The lights must be placed
on the dome of the vehicle at the highest practicable point visible from a
distance of 500 feet.

(b) The flashing red light, blue
light, or both must be displayed only when the tow truck or towing vehicle
is stopped and engaged in emergency service on or near the traveled
portion of a highway.The flashing amber
light may be displayed when the tow truck or towing vehicle is moving a
disabled vehicle.

Subd. 4.Blue
light.(a) Except as provided in
paragraphs (b) to (d), blue lights are prohibited on all vehicles except road
maintenance equipment and, snow removal equipment, or a tow
truck or towing vehicle operated by or under contract to the state or a
political subdivision thereof.

(b) Authorized emergency vehicles may
display flashing blue lights to the rear of the vehicle as a warning signal in
combination with other lights permitted or required by this chapter.In addition, authorized emergency vehicles
may display, mounted on the passenger side only, flashing blue lights to the
front of the vehicle as a warning signal in combination with other lights
permitted or required by this chapter.

(c) A motorcycle may display a blue light
of up to one-inch diameter as part of the motorcycle's rear brake light.

(d) A motor vehicle may display a blue
light of up to one-inch diameter as part of the vehicle's rear brake light if:

(1) the vehicle is a collector vehicle, as
described in section 168.10; or

(2) the vehicle is eligible to display a
collector plate under section 168.10.

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Subd. 4.Suspension
of driver's license.(a) Upon
receiving a report from the court, or from the driver licensing authority of a
state, district, territory, or possession of the United States or a province of
a foreign country which has an agreement in effect with this state pursuant to
section 169.91, that a resident of this state or a person licensed as a driver in
this state did not appear in court in compliance with the terms of a citation,
the commissioner of public safety shall notify the driver that the driver's
license will be suspended unless the commissioner receives notice within 30
days that the driver has appeared in the appropriate court or, if the
offense is a petty misdemeanor for which a guilty plea was entered under
section 609.491, that the person has paid any fine imposed by the court.If the commissioner does not receive notice
of the appearance in the appropriate court or payment of the fine within
30 days of the date of the commissioner's notice to the driver, the
commissioner may suspend the driver's license, subject to the notice
requirements of section 171.18, subdivision 2.Notwithstanding the requirements in this section, the commissioner is
prohibited from suspending the driver's license of a person based solely on the
fact that the person did not appear in court in compliance with the terms of a
citation for a petty misdemeanor or for a violation of section 171.24,
subdivision 1.

(b) The order of suspension shall indicate
the reason for the order and shall notify the driver that the driver's license
shall remain suspended until the driver has furnished evidence, satisfactory to
the commissioner, of compliance with any order entered by the court.

(c) Suspension shall be ordered under this
subdivision only when the report clearly identifies the person arrested;
describes the violation, specifying the section of the traffic law, ordinance
or rule violated; indicates the location and date of the offense; and describes
the vehicle involved and its registration number.

Subd. 2.Commissioner
shall suspend.(a) The court
may recommend the suspension of the driver's license of the person so
convicted, and the commissioner shall suspend such license as recommended by
the court, without a hearing as provided herein.

(b) The commissioner is prohibited from
suspending a person's driver's license if the person was convicted only under
section 171.24, subdivision 1 or 2.

Subd. 3.Suspension
for Failure to pay fine.When
any court reports to The commissioner must not suspend a person's
driver's license based solely on the fact that a person:(1) has been convicted of violating a law of
this state or an ordinance of a political subdivision which regulates the
operation or parking of motor vehicles, (2) has been sentenced to the payment
of a fine or had a surcharge levied against that person, or sentenced to a fine
upon which a surcharge was levied, and (3) has refused or failed to comply with
that sentence or to pay the surcharge, notwithstanding the fact that the
court has determined that the person has the ability to pay the fine or
surcharge, the commissioner shall suspend the driver's license of such person
for 30 days for a refusal or failure to pay or until notified by the court that
the fine or surcharge, or both if a fine and surcharge were not paid, has been
paid.

Subdivision 1.Offenses.(a) The commissioner may suspend the
license of a driver without preliminary hearing upon a showing by department
records or other sufficient evidence that the licensee:

(1) has committed an offense for which
mandatory revocation of license is required upon conviction;

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(2)
has been convicted by a court for violating a provision of chapter 169 or an
ordinance regulating traffic, other than a conviction for a petty misdemeanor,
and department records show that the violation contributed in causing an
accident resulting in the death or personal injury of another, or serious
property damage;

(3) is an habitually reckless or negligent driver of a
motor vehicle;

(4) is an habitual violator of the traffic laws;

(5) is incompetent to drive a motor vehicle as determined
in a judicial proceeding;

(6) has permitted an unlawful or fraudulent use of the
license;

(7) has committed an offense in another state that, if
committed in this state, would be grounds for suspension;

(8) has committed a violation of section 169.444,
subdivision 2, paragraph (a), within five years of a prior conviction under
that section;

(9) has committed a violation of section 171.22, except
that the commissioner may not suspend a person's driver's license based solely
on the fact that the person possessed a fictitious or fraudulently altered
Minnesota identification card;

(10) has failed to appear in court as provided in section
169.92, subdivision 4;

(11) has failed to report a medical condition that, if
reported, would have resulted in cancellation of driving privileges;

(12) has been found to have committed an offense under
section 169A.33; or

(13) has paid or attempted to pay a fee required under this
chapter for a license or permit by means of a dishonored check issued to the
state or a driver's license agent, which must be continued until the registrar
determines or is informed by the agent that the dishonored check has been paid
in full.

However,
an action taken by the commissioner under clause (2) or (5) must conform to the
recommendation of the court when made in connection with the prosecution of the
licensee.

(b) The commissioner may not suspendis
prohibited from suspending the driver's license of an individual under
paragraph (a) who was convicted of a violation of section 171.24, subdivision 1,
whose license was under suspension at the time solely because of the
individual's failure to appear in court or failure to pay a fineor 2.

Subd. 2.Cancellation for disqualifying and other
offenses.Within ten days of
receiving notice under section 631.40, subdivision 1a, or otherwise receiving
notice for a nonresident driver, that a school bus driver has been convicted of,
or received a stay of adjudication for, a disqualifying offense, the
commissioner shall permanently cancel the school bus driver's endorsement on
the offender's driver's license and in the case of a nonresident, the driver's
privilege to operate a school bus in Minnesota.A school bus driver whose endorsement or privilege to operate a school
bus in Minnesota has been permanently canceled may not apply for reinstatement.Within ten days of receiving notice under
section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident
driver, that a school bus driver has been convicted of a violation of section
169A.20, or a similar statute or ordinance from another state, and within ten
days of revoking a school bus driver's license under section 169A.52 or
171.177, the commissioner shall cancel the school bus driver's endorsement on
the offender's driver's license or the nonresident's

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privilege
to operate a school bus in Minnesota for five years.After five years, a school bus driver may
apply to the commissioner for reinstatement.Even after five years, cancellation of a school bus driver's endorsement
or a nonresident's privilege to operate a school bus in Minnesota for a
violation under section 169A.20, sections 169A.50 to 169A.53, section 171.177,
or a similar statute or ordinance from another state, shall remain in effect
until the driver provides proof of successful completion of an alcohol or
controlled substance treatment program.For
a first offense, proof of completion is required only if treatment was ordered
as part of a chemical use assessment.Within
ten days of receiving notice under section 631.40, subdivision 1a, or otherwise
receiving notice for a nonresident driver, that a school bus driver has been
convicted of a fourth moving violation in the last three years, the
commissioner shall cancel the school bus driver's endorsement on the offender's
driver's license or the nonresident's privilege to operate a school bus in
Minnesota until one year has elapsed since the last conviction.A school bus driver who has no new
convictions after one year may apply for reinstatement.Upon canceling the offender's school bus
driver's endorsement, the commissioner shall immediately notify the licensed
offender of the cancellation in writing, by depositing in the United States
post office a notice addressed to the licensed offender at the licensed
offender's last known address, with postage prepaid thereon.

Subd. 3.Background
check.Before issuing or renewing a
driver's license with a school bus driver's endorsement, the commissioner shall
conduct an investigation to determine if the applicant has been convicted of,
or received a stay of adjudication for, committing a disqualifying offense,
four moving violations in the previous three years, a violation of section
169A.20 or a similar statute or ordinance from another state, a gross
misdemeanor, or if the applicant's driver's license has been revoked under
section 169A.52 or 171.177.The
commissioner shall not issue a new bus driver's endorsement and shall not renew
an existing bus driver's endorsement if the applicant has been convicted of
committing a disqualifying offense.The
commissioner shall not issue a new bus driver's endorsement and shall not renew
an existing bus driver's endorsement if, within the previous five years, the
applicant has been convicted of committing a violation of section 169A.20, or a
similar statute or ordinance from another state, a gross misdemeanor, or if the
applicant's driver's license has been revoked under section 169A.52 or 171.177,
or if, within the previous three years, the applicant has been convicted of
four moving violations.An applicant who
has been convicted of violating section 169A.20, or a similar statute or ordinance
from another state, or who has had a license revocation under section 169A.52
or 171.177 within the previous ten years must show proof of successful
completion of an alcohol or controlled substance treatment program in order to
receive a bus driver's endorsement.For
a first offense, proof of completion is required only if treatment was ordered
as part of a chemical use assessment.A
school district or contractor that employs a nonresident school bus driver must
conduct a background check of the employee's driving record and criminal
history in both Minnesota and the driver's state of residence.Convictions for disqualifying offenses, gross
misdemeanors, a fourth moving violation within the previous three years, or
violations of section 169A.20, or a similar statute or ordinance in another
state, must be reported to the Department of Public Safety.

Sec. 9.Minnesota Statutes 2016, section 242.192, is
amended to read:

242.192
CHARGES TO COUNTIES.

The commissioner shall charge counties or
other appropriate jurisdictions 65 percent of the per diem cost of confinement,
excluding educational costs and nonbillable service, of juveniles at the
Minnesota Correctional Facility-Red Wing and of juvenile females committed to
the commissioner of corrections. This
charge applies to juveniles committed to the commissioner of corrections and
juveniles admitted to the Minnesota Correctional Facility-Red Wing under
established admissions criteria.This
charge applies to both counties that participate in the Community Corrections
Act and those that do not.The
commissioner shall determine the per diem cost of confinement based on
projected population, pricing incentives, and market conditions, and
the requirement that expense and revenue balance out over a period of two years.All money received under this section must be
deposited in the state treasury and credited to the general fund.

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Sec. 10.[243.521]
ADMINISTRATIVE AND DISCIPLINARY SEGREGATION REPORT.

By January 15, 2019, and by January 15
each year thereafter, the commissioner of corrections shall report to the
chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over public safety and judiciary on administrative
and disciplinary segregation.This
report shall include, but not be limited to, data regarding:

(1) the number of inmates in each
institution placed in segregation during the past year;

(2) the ages of inmates placed in
segregation during the past year;

(3) the number of inmates transferred
from segregation to the mental health treatment unit;

(4) the nature of the infractions
leading to the use of segregation;

(5) the lengths of terms served in
segregation, including terms served consecutively;

(6) any incidents of inmates not receiving
at least five hours a week out of cell; and

(7) the number of inmates convicted of
assault while confined and the number of this group of inmates who receive
consecutive sentences, as required under section 609.2232.

Subdivision 1.Creation
and duties.(a) By September
1, 2018, the commissioner, in consultation with the Minnesota Indian Affairs
Council, shall appoint members to the Task Force on Missing and Murdered
Indigenous Women to advise the commissioner and report to the legislature on
recommendations to reduce and end violence against indigenous women and girls
in Minnesota.The task force shall also
serve as a liaison between the commissioner and agencies and nongovernmental
organizations that provide services to victims, victims' families, and victims'
communities.The members must receive
expense reimbursement as specified in section 15.059, subdivision 6.

(b) The Task Force on Missing and
Murdered Indigenous Women must examine and report on the following:

(1) the systemic causes behind violence
that indigenous women and girls experience, including patterns and underlying
factors that explain why higher levels of violence occur against indigenous
women and girls, including underlying historical, social, economic,
institutional, and cultural factors which may contribute to the violence;

(2) appropriate methods for tracking
and collecting data on violence against indigenous women and girls, including
data on missing and murdered indigenous women and girls;

(3) policies and institutions such as
policing, child welfare, coroner practices, and other governmental practices
that impact violence against indigenous women and girls and the investigation
and prosecution of crimes of gender violence against indigenous people;

(4) measures necessary to address and
reduce violence against indigenous women and girls; and

(5) measures to help victims, victims'
families, and victims' communities to prevent and heal from violence that
occurs against indigenous women and girls.

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(c)
For the purposes of this section, "commissioner" means the
commissioner of public safety and "nongovernmental organizations"
means nonprofit, nongovernmental organizations that provide legal, social, or other
community services.

Subd. 2.Membership.(a) To the extent practicable, the
Task Force on Missing and Murdered Indigenous Women shall consist of the
following individuals, or their designees, who are knowledgeable in crime
victims' rights or violence protection:

(1) two members of the senate, one
appointed by the majority leader and one appointed by the minority leader;

(2) two members of the house of
representatives, one appointed by the speaker of the house and one appointed by
the minority leader;

(3) a representative from the Minnesota
Chiefs of Police Association;

(4) a representative of the Bureau of
Criminal Apprehension;

(5) a representative of the United
States Attorney's Office;

(6) a peace officer who works and
resides in the seven-county metropolitan area, composed of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington Counties;

(7) a peace officer who works and
resides in the nonmetropolitan area;

(8) two peace officers who work for and
reside on a federally recognized American Indian reservation in Minnesota;

(9) a county attorney or representative
from the Minnesota County Attorneys Association;

(10) a judge or attorney working in
juvenile court;

(11) a representative from an Indian
health organization or agency;

(12) a county coroner or a
representative from a statewide coroner's association;

(13) a representative of the Department
of Health;

(14) four or more representatives for
tribal governments, with a focus on individuals who work with victims of
violence or their families;

(15) two or more representatives from
nongovernmental organizations, community volunteers, or advocacy organizations,
who should include representatives from organizations working inside the
seven-county metropolitan area, outside the seven-county metropolitan area, and
on reservations, and may include:

(i) a tribal, statewide, or local
organization that provides legal services to indigenous women and girls;

(ii) a tribal, statewide, or local
organization that provides advocacy or counseling for indigenous women and
girls who have been victims of violence; and

(iii) a tribal, statewide, or local
organization that provides services to indigenous women and girls;

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(16)
a representative from the Minnesota Indian Women's Sexual Assault Coalition;

(17) a representative from Mending the
Sacred Hoop;

(18) two indigenous women who are
survivors of gender violence; and

(19) a representative from the
Minnesota Sheriffs' Association.

(b) Members of the task force serve at
the pleasure of the appointing authority or until the task force expires.Vacancies shall be filled by the commissioner
of public safety consistent with the qualifications of the vacating member
required by this subdivision.

Subd. 3.Officers;
meetings.(a) The task force shall
annually elect a chair and vice-chair from among its members, and may elect
other officers as necessary.The task
force shall meet at least quarterly, or upon the call of its chair.The task force shall meet sufficiently enough
to accomplish the tasks identified in this section.Meetings of the task force are subject to
chapter 13D.The task force shall seek
out and enlist the cooperation and assistance of nongovernmental organizations,
community and advocacy organizations working with the American Indian
community, and academic researchers and experts, specifically those
specializing in violence against indigenous women and girls, representing
diverse communities disproportionately affected by violence against women and
girls, or focusing on issues related to gender violence and violence against
indigenous women and girls.

(b)
The commissioner of public safety shall convene the first meeting of the task
force no later than October 1, 2018, and shall provide meeting space and
administrative assistance as necessary for the task force to conduct its work.

Subd. 4.Report.The task force shall annually report
to the chairs and ranking members of the legislative committees with
jurisdiction over public safety, human services, and state government on the
work of the task force, including but not limited to the issues to be examined
in subdivision 1, and shall include in the annual report institutional policies
and practices or proposed institutional policies and practices that are
effective in reducing gender violence and increasing the safety of indigenous
women and girls.The report shall
include recommendations to reduce and end violence against indigenous women and
girls and help victims and communities heal from gender violence and violence
against indigenous women and girls.The
first annual report shall be submitted to the legislative committees on
February 15, 2019, and on February 15 each year after.

Subd. 5.Removal
of data from system.Notwithstanding
section 138.17, the bureau shall destroy data entered into the system when
three years have elapsed since the data were entered into the system, except as
otherwise provided in this subdivision.If
the bureau has information that the individual has been convicted as an adult,
or has been adjudicated or has a stayed adjudication as a juvenile for an
offense that would be a crime if committed by an adult, since entry of the data
into the system, the data must be maintained until three years have elapsed
since the last record of a conviction or adjudication or stayed adjudication of
the individual, except that if the individual is committed to the custody of
the commissioner of corrections and the commissioner documents activities
meeting the criminal gang identification criteria that take place while the
individual is confined in a state correctional facility, the three-year period
begins after release from incarceration.Upon request of the law enforcement agency that submitted data to the
system, the bureau shall destroy the data regardless of whether three years
have elapsed since the data were entered into the system.

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Sec. 13.Minnesota Statutes 2016, section 299C.17, is
amended to read:

299C.17
REPORT BY COURT ADMINISTRATOR.

The superintendent shall require the court
administrator of every court whichthat (1) sentences a defendant
for a felony, gross misdemeanor, or targeted misdemeanor, or (2) grants a
stay of adjudication pursuant to section 609.095, paragraph (b), clause (2),
for an offense that, if convicted of, would require predatory offender
registration under section 243.166, to electronically transmit within 24
hours of the disposition of the case a report, in a form prescribed by the
superintendent providing information required by the superintendent with regard
to the prosecution and disposition of criminal cases.A copy of the report shall be kept on file in
the office of the court administrator.

Sec. 14.[299C.77]
BACKGROUND CHECKS; ADDITIONAL DISCLOSURE.

The superintendent shall disclose to
each applicant for a statutorily mandated or authorized background check or
background study all records of stays of adjudication granted to the subject of
the background check or background study that the superintendent receives
pursuant to section 299C.17, clause (2).The data required to be disclosed under this section is in addition to
other data on the subject of the background check or background study that the
superintendent is mandated to disclose.

Subd. 7.Disbursement
of surcharges by commissioner of management and budget.(a) Except as provided in paragraphs (b),
(c), and (d), the commissioner of management and budget shall disburse
surcharges received under subdivision 6 and section 97A.065, subdivision 2, as
follows:

(1) one percent shall be credited to the
peace officer training account in the game and fish fund to provide peace
officer training for employees of the Department of Natural Resources who are
licensed under sections 626.84 to 626.863, and who possess peace officer
authority for the purpose of enforcing game and fish laws;

(2) 3941 percent shall be
credited to the peace officers training account in the special revenue fund;
and

(3) 6058 percent shall be
credited to the general fund.

(b) The commissioner of management and
budget shall credit $3 of each surcharge received under subdivision 6 and
section 97A.065, subdivision 2, to the general fund.

(c) In addition to any amounts credited
under paragraph (a), the commissioner of management and budget shall credit $47
of each surcharge received under subdivision 6 and section 97A.065, subdivision
2, and the $12 parking surcharge, to the general fund.

(d) If the Ramsey County Board of
Commissioners authorizes imposition of the additional $1 surcharge provided for
in subdivision 6, paragraph (a), the court administrator in the Second Judicial
District shall transmit the surcharge to the commissioner of management and
budget.The $1 special surcharge is
deposited in a Ramsey County surcharge account in the special revenue fund and
amounts in the account are appropriated to the trial courts for the
administration of the petty misdemeanor diversion program operated by the
Second Judicial District Ramsey County Violations Bureau.

EFFECTIVE
DATE.This section is
effective July 1, 2018, and applies to surcharges collected on or after
July 1, 2018.

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Subdivision 1.Authority.(a) The county attorney, or any
deputy or assistant county attorney whom the county attorney authorizes in
writing, has the authority to subpoena and require the production of any
records of:

(11) insurance records relating to
the monetary payment or settlement of claims,;

(12) the banking, credit card, and
financial records of a subject of an identity theft investigation or a
vulnerable adult, whether held in the name of the vulnerable adult or a third
party, including but not limited to safe deposit, loan and account applications
and agreements, signature cards, statements, checks, transfers, account
authorizations, safe deposit access records and documentation of fraud,;
and

(13) wage and employment records of
an applicant or recipient of public assistance who is the subject of a welfare
fraud investigation relating to eligibility information for public assistance
programs.

(b) Subpoenas may only be issued for
records that are relevant to an ongoing legitimate law enforcement
investigation.

(c) Administrative subpoenas may
only be issued in welfare fraud and identity theft cases if there is probable
cause to believe a crime has been committed.This provision applies only to the records of business entities and does
not extend to private individuals or their dwellings.

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Sec. 17.Minnesota Statutes 2016, section 609.095, is
amended to read:

609.095
LIMITS OF SENTENCES.

(a) The legislature has the exclusive authority
to define crimes and offenses and the range of the sentences or punishments for
their violation.No other or different
sentence or punishment shall be imposed for the commission of a crime than is
authorized by this chapter or other applicable law.

(b) Except as provided in:(1) section 152.18 or 609.375,;
or (2) upon agreement of the parties, a court may not refuse to
adjudicate the guilt of a defendant who tenders a guilty plea in accordance
with Minnesota Rules of Criminal Procedure, rule 15, or who has been found
guilty by a court or jury following a trial.

A stay of adjudication granted under clause (2) must be
reported to the superintendent of the Bureau of Criminal Apprehension pursuant
to section 299C.17.

Subd. 6.Prohibition
on disarming local law enforcement officers.Unless expressly authorized under
another section of law, a mayor, city council, county board, or chief law
enforcement officer may not disarm a peace officer who is in good standing and
not currently under investigation or subject to disciplinary action.

Subd. 1a.Certified
copy of disqualifying offense convictions sent to public safety and school
districts.When a person is
convicted of, or receives a stay of adjudication for, committing a disqualifying
offense, as defined in section 171.3215, subdivision 1, a gross misdemeanor, a
fourth moving violation within the previous three years, or a violation of
section 169A.20, or a similar statute or ordinance from another state, the
court shall determine whether the offender is a school bus driver as defined in
section 171.3215, subdivision 1, whether the offender possesses a school bus
driver's endorsement on the offender's driver's license and in what school
districts the offender drives a school bus.If the offender is a school bus driver or possesses a school bus
driver's endorsement, the court administrator shall send a certified copy of
the conviction to the Department of Public Safety and to the school districts
in which the offender drives a school bus within ten days after the conviction.

Sec. 20.WORKING
GROUP EXAMINING CRIMES AGAINST VULNERABLE ADULTS.

Subdivision 1.Establishment;
membership.(a) A working
group examining crimes against vulnerable adults is established.

(b) The commissioner of public safety
shall appoint the following members of the working group:

(1) two attorneys practicing elder law,
one who practices primarily in the seven-county metropolitan area and one who
practices primarily outside the seven-county metropolitan area;

(2) two county attorneys, one from a
county in the seven-country metropolitan area and one from a county outside the
seven-county metropolitan area;

(3) two city attorneys, one from a city
in the seven-county metropolitan area and one from a city outside the
seven-county metropolitan area;

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(4)
one representative from the Office of the Public Defender;

(5) one representative from the
Minnesota Elder Justice Center;

(6) one representative from the
Minnesota Home Care Association;

(7) one representative from Care
Providers of Minnesota;

(8) one representative from LeadingAge
Minnesota;

(9) one representative from AARP
Minnesota;

(10) one caregiver of a person who has
been diagnosed with Alzheimer's disease;

(11) one peace officer, as defined in
Minnesota Statutes, section 626.84; and

(12) any additional representatives
from groups or organizations that the commissioner of public safety determines
would help the working group perform its duties.

(c) The following individuals shall
also be members of the working group:

(1) two members of the senate, one
appointed by the majority leader and one appointed by the minority leader;

(2) two members of the house of
representatives, one appointed by the speaker of the house and one appointed by
the minority leader;

(3) the commissioner of public safety
or a designee;

(4) the commissioner of human services
or a designee;

(5) the commissioner of health or a
designee;

(6) the attorney general or a designee;

(7) a representative of the judicial
branch, appointed by the chief justice of the Supreme Court;

(8) the ombudsman for mental health and
developmental disabilities;

(9) one member of the Minnesota Board
on Aging, selected by the board; and

(10) one member of the Minnesota
Council on Disability or a designee, selected by the council.

(d)
The appointing authorities under this subdivision must complete their
appointments no later than July 1, 2018.

Subd. 2.Duties;
recommendations.The working
group shall review existing laws establishing crimes against vulnerable adults,
review whether these laws appropriately identify these crimes and apply
appropriate penalties, and recommend any changes necessary to better protect
vulnerable adults.The working group
shall also examine and make recommendations regarding whether, in the interest
of protecting vulnerable adults from maltreatment and crime, adequate laws,
rules, procedures, and protections are in place to determine whether current or
prospective long-term care employees are or have been subject to investigation
for maltreatment of a vulnerable adult or a crime against a vulnerable adult.

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Subd. 3.Meetings.The commissioner of public safety or a
designee shall convene the first meeting of the working group no later than
August 1, 2018.Members of the working
group shall elect a chair from among the group's members at the first meeting,
and the commissioner of public safety or a designee shall serve as the working
group's chair until a chair is elected.Meetings
of the working group are open to the public.

Subd. 4.Compensation.Members of the working group shall
serve without compensation or reimbursement for expenses.

Subd. 5.Administrative
support.The commissioner of
public safety shall provide administrative support for the working group and
arrange meeting space.

Subd. 6.Report.By January 15, 2019, the working group
must submit a report with findings, recommendations, and draft legislation to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and criminal justice policy.The report must include a discussion of the
benefits, problems, and costs associated with any proposed changes to laws.

Subd. 7.Expiration.The working group expires January 16,
2019, or the day after the working group submits the report required under
subdivision 6, whichever is later.

EFFECTIVE
DATE.This section is
effective the day following final enactment.

Sec. 21.RETROACTIVE
DRIVER'S LICENSE REINSTATEMENT.

(a) The commissioner of public safety
must make an individual's driver's license eligible for reinstatement if the
license is solely suspended pursuant to:

(b) By May 1, 2019, the commissioner
must provide written notice to an individual whose license has been made
eligible for reinstatement under paragraph (a), addressed to the licensee at
the licensee's last known address.

(c) Before the license is reinstated, an
individual whose driver's license is eligible for reinstatement under paragraph
(a) must pay the reinstatement fee under Minnesota Statutes, section 171.20,
subdivision 4.

(d) The following applies for an
individual who is eligible for reinstatement under paragraph (a), clause (1),
(2), or (3), and whose license was suspended, revoked, or canceled under any
other provision in Minnesota Statutes:

(1) the suspension, revocation, or
cancellation under any other provision in Minnesota Statutes remains in effect;

(2) subject to clause (1), the
individual may become eligible for reinstatement under paragraph (a), clause
(1), (2), or (3); and

(3) the commissioner is not required to
send the notice described in paragraph (b).

Subdivision 1.Criminal
vehicular homicide.(a) Except as
provided in paragraph (b), a person is guilty of criminal vehicular homicide
and may be sentenced to imprisonment for not more than ten years or to payment
of a fine of not more than $20,000, or both, if the person causes the death of
a human being not constituting murder or manslaughter as a result of operating
a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the
influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of
0.08 or more;

(4) while having an alcohol concentration of
0.08 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly
under the influence of a hazardous substance;

(6) in a negligent manner while any amount
of a controlled substance listed in Schedule I or II, or its metabolite, other
than marijuana or tetrahydrocannabinols, is present in the person's body;

(7) where the driver who causes the
collision leaves the scene of the collision in violation of section 169.09,
subdivision 1 or 6; or

(8) where the driver had actual knowledge
that a peace officer had previously issued a citation or warning that the motor
vehicle was defectively maintained, the driver had actual knowledge that
remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the death was caused by the defective
maintenance.; or

(9) in a reckless manner while the driver
is in violation of section 169.475.

(b) If a person is sentenced under paragraph
(a) for a violation under paragraph (a), clauses (2) to (6), occurring within
ten years of a qualified prior driving offense, the statutory maximum sentence
of imprisonment is 15 years.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

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Subdivision 1.Great
bodily harm.A person is guilty of
criminal vehicular operation resulting in great bodily harm and may be
sentenced to imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both, if the person causes great bodily harm to
another not constituting attempted murder or assault as a result of operating a
motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the
influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of
0.08 or more;

(4) while having an alcohol concentration of
0.08 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly
under the influence of a hazardous substance;

(6) in a negligent manner while any amount
of a controlled substance listed in Schedule I or II, or its metabolite, other
than marijuana or tetrahydrocannabinols, is present in the person's body;

(7) where the driver who causes the accident
leaves the scene of the accident in violation of section 169.09, subdivision 1
or 6; or

(8) where the driver had actual knowledge
that a peace officer had previously issued a citation or warning that the motor
vehicle was defectively maintained, the driver had actual knowledge that
remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective
maintenance.; or

(9) in a reckless manner while the driver
is in violation of section 169.475.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 2.Substantial
bodily harm.A person is guilty of
criminal vehicular operation resulting in substantial bodily harm and may be
sentenced to imprisonment for not more than three years or to payment of a fine
of not more than $10,000, or both, if the person causes substantial bodily harm
to another as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the
influence of:

(i) alcohol;

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(ii)
a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of
0.08 or more;

(4) while having an alcohol concentration of
0.08 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly
under the influence of a hazardous substance;

(6) in a negligent manner while any amount
of a controlled substance listed in Schedule I or II, or its metabolite, other
than marijuana or tetrahydrocannabinols, is present in the person's body;

(7) where the driver who causes the accident
leaves the scene of the accident in violation of section 169.09, subdivision 1
or 6; or

(8) where the driver had actual knowledge
that a peace officer had previously issued a citation or warning that the motor
vehicle was defectively maintained, the driver had actual knowledge that
remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective
maintenance.; or

(9) in a reckless manner while the driver
is in violation of section 169.475.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 3.Bodily
harm.A person is guilty of criminal
vehicular operation resulting in bodily harm and may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the person causes bodily harm to another as a result
of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the
influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of
0.08 or more;

(4) while having an alcohol concentration of
0.08 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly
under the influence of a hazardous substance;

(6) in a negligent manner while any amount
of a controlled substance listed in Schedule I or II, or its metabolite, other
than marijuana or tetrahydrocannabinols, is present in the person's body;

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(7)
where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6; or

(8) where the driver had actual knowledge
that a peace officer had previously issued a citation or warning that the motor
vehicle was defectively maintained, the driver had actual knowledge that
remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective
maintenance.; or

(9) in a reckless manner while the driver
is in violation of section 169.475.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subdivision 1.Death
to an unborn child.(a) Except as
provided in paragraph (b), a person is guilty of criminal vehicular operation
resulting in death to an unborn child and may be sentenced to imprisonment for
not more than ten years or to payment of a fine of not more than $20,000, or
both, if the person causes the death of an unborn child as a result of
operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the
influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of
0.08 or more;

(4) while having an alcohol concentration of
0.08 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly
under the influence of a hazardous substance;

(6) in a negligent manner while any amount of
a controlled substance listed in Schedule I or II, or its metabolite, other
than marijuana or tetrahydrocannabinols, is present in the person's body;

(7) where the driver who causes the accident
leaves the scene of the accident in violation of section 169.09, subdivision 1
or 6; or

(8) where the driver had actual knowledge
that a peace officer had previously issued a citation or warning that the motor
vehicle was defectively maintained, the driver had actual knowledge that
remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective
maintenance.; or

(9) in a reckless manner while the driver
is in violation of section 169.475.

(b) If a person is sentenced under paragraph
(a) for a violation under paragraph (a), clauses (2) to (6), occurring within
ten years of a qualified prior driving offense, the statutory maximum sentence
of imprisonment is 15 years.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

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Subd. 2.Injury to an unborn child.A person is guilty of criminal vehicular
operation resulting in injury to an unborn child and may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the person causes the great bodily harm to an unborn
child subsequently born alive as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the
influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of
0.08 or more;

(4) while having an alcohol concentration of
0.08 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly
under the influence of a hazardous substance;

(6) in a negligent manner while any amount of
a controlled substance listed in Schedule I or II, or its metabolite, other
than marijuana or tetrahydrocannabinols, is present in the person's body;

(7) where the driver who causes the accident
leaves the scene of the accident in violation of section 169.09, subdivision 1
or 6; or

(8) where the driver had actual knowledge
that a peace officer had previously issued a citation or warning that the motor
vehicle was defectively maintained, the driver had actual knowledge that
remedial action was not taken, the driver had reason to know that the defect
created a present danger to others, and the injury was caused by the defective
maintenance.; or

(9) in a reckless manner while the driver
is in violation of section 169.475.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subdivision 1.Peace
officers.(a) As used in this
subdivision, "peace officer" means a person who is licensed under
section 626.845, subdivision 1, and effecting a lawful arrest or executing any
other duty imposed by law.

(b) Whoever physically assaults a peace
officer is guilty of a gross misdemeanorfelony and may be sentenced
to imprisonment for not more than two years or to payment of a fine of not more
than $4,000, or both.

(c) Whoever commits either of the following
acts against a peace officer is guilty of a felony and may be sentenced to
imprisonment for not more than three years or to payment of a fine of not more
than $6,000, or both:(1) physically
assaults the officer if the assault inflicts demonstrable bodily harm; or (2)
intentionally throws or otherwise transfers bodily fluids or feces at or onto
the officer.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

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Subd. 2.Firefighters
and emergency medical personnel.(a)
Whoever physically assaults any of the following persons and inflicts
demonstrable bodily harm is guilty of a felony and may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more
than $4,000, or bothgross misdemeanor:

(1) a member of a municipal or volunteer
fire department or emergency medical services personnel unit in the performance
of the member's duties; or

(2) a physician, nurse, or other person
providing health care services in a hospital emergency department.

(b) Whoever commits either of the
following acts against a person identified in paragraph (a), clause (1) or (2),
is guilty of a felony and may be sentenced to imprisonment for not more than
three years or to payment of a fine of not more than $6,000, or both:

(1) physically assaults the person and
the assault inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise
transfers bodily fluids or feces at or onto the person.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

(b) Whoever, while committed under chapter
253D, Minnesota Statutes 2012, section 253B.185, or Minnesota Statutes 1992,
section 526.10, commits either of the following acts against an employee or
other individual who provides care or treatment at a secure treatment facility
while the person is engaged in the performance of a duty imposed by law,
policy, or rule is guilty of a felony and may be sentenced to imprisonment for
not more than two years or to payment of a fine of not more than $4,000, or
both:

(1) assaults the person and inflicts
demonstrable bodily harm; or

(2) intentionally throws or otherwise
transfers bodily fluids or feces at or onto the person.

(c) Whoever, while committed under section
253B.18, or admitted under the provision of section 253B.10, subdivision 1,
commits either of the following acts against an employee or other individual
who supervises and works directly with patients at a secure treatment facility
while the person is engaged in the performance of a duty imposed by law,
policy, or rule, is guilty of a felony and may be sentenced to imprisonment for
not more than two years or to payment of a fine of not more than $4,000, or
both:

(d) The court shall commit a person
convicted of violating paragraph (b) to the custody of the commissioner of
corrections for not less than one year and one day.The court may not, on its own motion or the
prosecutor's motion, sentence a person without regard to this paragraph.A person convicted and sentenced as required
by this paragraph is not eligible for probation, parole, discharge, work
release, or supervised release, until that person has served the full term of imprisonment
as provided by law, notwithstanding the provisions of sections 241.26, 242.19,
243.05, 244.04, 609.12, and 609.135.

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(e)
Notwithstanding the statutory maximum sentence provided in paragraph (b), when
a court sentences a person to the custody of the commissioner of corrections
for a violation of paragraph (b), the court shall provide that after the person
has been released from prison, the commissioner shall place the person on
conditional release for five years.The
terms of conditional release are governed by sections 244.05 and 609.3455,
subdivision 6, 7, or 8; and Minnesota Statutes 2004, section 609.109.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 3.General
prostitution crimes; penalties for patrons.(a) Whoever, while acting as a patron, intentionally does any
of the following is guilty of a misdemeanor:

(1) engages in prostitution with an
individual 18 years of age or older; or

(2) hires, offers to hire, or agrees to
hire an individual 18 years of age or older to engage in sexual penetration or
sexual contact.Except as otherwise
provided in subdivision 4, a person who is convicted of violating this
paragraph must, at a minimum, be sentenced to pay a fine of at least $500$750.

(b) Whoever violates the provisions of
this subdivision within two years of a previous prostitution conviction for
violating this section or section 609.322 is guilty of a gross misdemeanor.Except as otherwise provided in subdivision
4, a person who is convicted of violating this paragraph must, at a minimum, be
sentenced as follows:

(1) to pay a fine of at least $1,500;
and

(2) to serve 20 hours of community work
service.

The court may waive the mandatory
community work service if it makes specific, written findings that the
community work service is not feasible or appropriate under the circumstances
of the case.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 3a.Penalties
for patrons; repeat offenders.Whoever
violates the provisions of subdivision 2 or 3 within ten years of a previous
prostitution conviction for violating this section or section 609.322 is guilty
of a felony.Except as otherwise
provided in subdivision 4, a person who is convicted of violating this
paragraph must, at a minimum, be sentenced as follows:

(1) to pay a fine of at least $3,000;
and

(2) to serve 100 hours of community
work service in addition to any period of incarceration in a local jail or
workhouse imposed as an intermediate sanction.

The court may waive the mandatory
community work service if it makes specific, written findings that the
community work service is not feasible or appropriate under the circumstances
of the case.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

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Subd. 4.Community
service in lieu of minimum fine.The
court may order a person convicted of violating subdivision 2 or,
3, or 3a to perform community work service in lieu of all or a portion
of the minimum fine required under those subdivisions if the court makes
specific, written findings that the convicted person is indigent or that
payment of the fine would create undue hardship for the convicted person or
that person's immediate family.Community
work service ordered under this subdivision is in addition to any mandatory
community work service ordered under subdivision 33a.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

(1) to imprisonment for not more than 20
years or to payment of a fine of not more than $100,000, or both, if the
property is a firearm, or the value of the property or services stolen is more
than $35,000 and the conviction is for a violation
of subdivision 2, clause (3), (4), (15), or (16), or section 609.2335,
subdivision 1, clause (1) or (2), item (i); or

(2) to imprisonment for not more than ten
years or to payment of a fine of not more than $20,000, or both, if the value
of the property or services stolen exceeds $5,000, or if the property stolen
was an article representing a trade secret, an explosive or incendiary device,
or a controlled substance listed in Schedule I or II pursuant to section 152.02
with the exception of marijuana; or

(3) to imprisonment for not more than five years
or to payment of a fine of not more than $10,000, or both, if any of the
following circumstances exist:

(a) the value of the property or services
stolen is more than $1,000 but not more than $5,000; or

(b) the property stolen was a controlled
substance listed in Schedule III, IV, or V pursuant to section 152.02; or

(c) the value of the property or services
stolen is more than $500 but not more than $1,000 and the person has been
convicted within the preceding five years for an offense under this section,
section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or
3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the
United States, or a foreign jurisdiction, in conformity with any of those
sections, and the person received a felony or gross misdemeanor sentence for
the offense, or a sentence that was stayed under section 609.135 if the offense
to which a plea was entered would allow imposition of a felony or gross
misdemeanor sentence; or

(d) the value of the property or services
stolen is not more than $1,000, and any of the following circumstances exist:

(i) the property is taken from the person of
another or from a corpse, or grave or coffin containing a corpse; or

(ii) the property is a record of a court or
officer, or a writing, instrument or record kept, filed or deposited according
to law with or in the keeping of any public officer or office; or

(iii) the property is taken from a burning,
abandoned, or vacant building or upon its removal therefrom, or from an area of
destruction caused by civil disaster, riot, bombing, or the proximity of
battle; or

(iv) the
property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or

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(v)
the property stolen is a motor vehicle; or

(e) the value of the property or services
stolen is $500 or less and the person violates this section within five years
of the first of 24 prior convictions for an offense under this section; section
176.178; 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2,
or 3; 609.625; 609.63; 609.631; or 609.821; or a statute from another state,
the United States, or a foreign jurisdiction in conformity with any of those
sections; or

(4) to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both, if the value
of the property or services stolen is more than $500 but not more than $1,000;
orany of the following circumstances exist:

(a) the value of the property or services
stolen is more than $500 but not more than $1,000; or

(b) the value of the property or services
stolen is $500 or less and the person violates this section within five years
of the first of two prior convictions for an offense under this section;
section 176.178; 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision
1, 2, or 3; 609.625; 609.63; 609.631; or 609.821; or a statute from another
state, the United States, or a foreign jurisdiction in conformity with any of
those sections; or

(5) in all other cases where the value of
the property or services stolen is $500 or less, to imprisonment for not more
than 90 days or to payment of a fine of not more than $1,000, or both,
provided, however, in any prosecution under subdivision 2, clauses (1), (2),
(3), (4), and (13), the value of the money or property or services received by
the defendant in violation of any one or more of the above provisions within
any six-month period may be aggregated and the defendant charged accordingly in
applying the provisions of this subdivision; provided that when two or more
offenses are committed by the same person in two or more counties, the accused
may be prosecuted in any county in which one of the offenses was committed for
all of the offenses aggregated under this paragraph.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Sec. 14.Minnesota Statutes 2016, section 609.74, is
amended to read:

609.74
PUBLIC NUISANCE.

(a) Whoever by an act or failure to
perform a legal duty intentionally does any of the following is guilty of
maintaining a public nuisance, which is a misdemeanor:

(1) maintains or permits a condition which
unreasonably annoys, injures or endangers the safety, health, morals, comfort,
or repose of any considerable number of members of the public; or

(2) except as provided in paragraph
(b), interferes with, obstructs, or renders dangerous for passage, any
public highway or right-of-way, or waters used by the public; or

(3) is guilty of any other act or omission
declared by law to be a public nuisance and for which no sentence is
specifically provided.

(b) It is a gross misdemeanor for a
person to interfere with or obstruct traffic that is entering, exiting, or on a
freeway or entering, exiting, or on a public roadway within the boundaries of
airport property with the intent to interfere with, obstruct, or otherwise
disrupt traffic.This paragraph does not
apply to the actions of law enforcement or other emergency responders, road or
airport authorities, or utility officials, or their agents, employees, or

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contractors
when carrying out duties imposed by law or contract.For purposes of this paragraph:(1) "airport" means an airport that
has a control tower and airline service; and (2) "freeway" means any
section of a divided highway where the only access and egress for vehicular
traffic is from entrance and exit ramps.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 2.Unlawful
interference with transit operator.(a) Whoever intentionally commits an act that interferes with or
obstructs, or tends to interfere with or obstruct, the operation of a transit
vehicle is guilty of unlawful interference with a transit operatora
crime and may be sentenced as provided in paragraph (c).

(b) An act that is committed on a
transit vehicle that distracts the driver from the safe operation of the vehicle,
restricts passenger access to the transit vehicle, or that endangers
passengers is a violation of this subdivision if an authorized transit
representative has clearly warned the person once to stop the act.

(c) A person who violates this subdivision
may be sentenced as follows:

(1) to imprisonment for not more than
three years or to payment of a fine of not more than $5,000, or both, if the
violation was accompanied by force or violence or a communication of a threat
of force or violence; or

(2) to imprisonment for not more than 90
daysone year or to payment of a fine of not more than $1,000$3,000, or both, if the violation was not accompanied by force or
violence or a communication of a threat of force or violence.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

(a) The legislature has the exclusive
authority to define crimes and offenses and the range of the sentences or
punishments for their violation.No
other or different sentence or punishment shall be imposed for the commission
of a crime than is authorized by this chapter or other applicable law.

(b) Except as provided in section 152.18
or 609.375, or upon agreement of the parties, a court may not refuse to
adjudicate the guilt of a defendant who tenders a guilty plea in accordance
with Minnesota Rules of Criminal Procedure, rule 15, or who has been found
guilty by a court or jury following a trial.A decision by the court to issue a stay of adjudication under this
paragraph for a charge of violating section 243.166, 609.342, 609.343, 609.344,
609.345, 609.3451, subdivision 3, or 609.3453, must be justified in writing and
on the record.

(d) The rules promulgated by the
Supreme Court shall provide for remote access, searchable by defendant name, to
the publicly accessible portions of the district court register of actions,
orders, notices prepared by the court, and any other documents in a case:

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(1)
that includes a charge for violating section 243.166, 609.342, 609.343,
609.344, 609.345, 609.3451, subdivision 3, or 609.3453; and

(2) in which a court did not adjudicate
the guilt of a defendant who tendered a guilty plea in accordance with
Minnesota Rules of Criminal Procedure, rule 15, or who has been found guilty by
a court or jury following a trial.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 10.Current
or recent position of authority."Current
or recent position of authority" includes but is not limited to any
person who is a parent or acting in the place of a parent and charged with or
assumes any of a parent's rights, duties or responsibilities to a child, or
a person who is charged with or assumes any duty or responsibility for
the health, welfare, or supervision of a child, either independently or through
another, no matter how brief, at the time of or within 120 days immediately
preceding the act.For the purposes
of subdivision 11, "position of authority" includes a psychotherapist.For the purposes of sections 609.344,
subdivision 1, paragraph (e), clause (2), and 609.345, subdivision 1, paragraph
(e), clause (2), the term extends to a person having the described authority over
a student in a secondary school who is at least 16 but less than 21 years of
age under the circumstances described in those two clauses.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 24.Secondary
school."Secondary
school" means any public or private school meeting the standards
established by the commissioner of education that enrolls students in grades 7
through 12 or that provides special education services to students who have
completed grade 12 including charter schools, alternative learning centers,
schools with classes that are held off campus or school grounds, special school
districts, universities, colleges, vocational or technical colleges, or other
postsecondary educational institutions that provide educational courses or
programs for public or private schools that enroll students in grades 7 through
12 or that provide special educational services to students who have competed
grade 12.

Subd. 25.Independent
contractor.For purposes of
sections 609.344, subdivision 1, paragraph (e), and 609.345, subdivision 1,
paragraph (e), "independent contractor" means any person who
contracts with a secondary school or any person employed by a business that
contracts with a secondary school.

Subdivision 1.Crime
defined.A person who engages in
sexual penetration with another person, or in sexual contact with a person
under 13 years of age as defined in section 609.341, subdivision 11, paragraph
(c), is guilty of criminal sexual conduct in the first degree if any of the
following circumstances exists:

(a) the complainant is under 13 years of
age and the actor is more than 36 months older than the complainant.Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;

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(b)
the complainant is at least 13 years of age but less than 16 years of age and
the actor is more than 48 months older than the complainant and in a current
or recent position of authority over the complainant.Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;

(c) circumstances existing at the time of
the act cause the complainant to have a reasonable fear of imminent great
bodily harm to the complainant or another;

(d) the actor is armed with a dangerous
weapon or any article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or threatens to use the
weapon or article to cause the complainant to submit;

(e) the actor causes personal injury to
the complainant, and either of the following circumstances exist:

(i) the actor uses force or coercion to
accomplish sexual penetration; or

(ii) the actor knows or has reason to know
that the complainant is mentally impaired, mentally incapacitated, or
physically helpless;

(f) the actor is aided or abetted by one
or more accomplices within the meaning of section 609.05, and either of the
following circumstances exists:

(i) an accomplice uses force or coercion
to cause the complainant to submit; or

(ii) an accomplice is armed with a
dangerous weapon or any article used or fashioned in a manner to lead the
complainant reasonably to believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant to submit;

(g) the actor has a significant
relationship to the complainant and the complainant was under 16 years of age
at the time of the sexual penetration.Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense; or

(h) the actor has a significant
relationship to the complainant, the complainant was under 16 years of age at
the time of the sexual penetration, and:

(i) the actor or an accomplice used force
or coercion to accomplish the penetration;

(ii) the complainant suffered personal
injury; or

(iii) the sexual abuse involved multiple
acts committed over an extended period of time.

Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 2.Penalty.(a) Except as otherwise provided in
section 609.3455; or Minnesota Statutes 2004, section 609.109, a person
convicted under subdivision 1 may be sentenced to imprisonment for not more
than 30 years or to a payment of a fine of not more than $40,000, or both.

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(b)
Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the
court shall presume that an executed sentence of 144 months must be
imposed on an offender convicted of violating this section.Sentencing a person in a manner other than
that described in this paragraph is a departure from the Sentencing Guidelines.

(c) A person convicted under this section
is also subject to conditional release, extended probation, and intensive
probation under section 609.3455.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subdivision 1.Crime
defined.A person who engages in
sexual contact with another person is guilty of criminal sexual conduct in the
second degree if any of the following circumstances exists:

(a) the complainant is under 13 years of
age and the actor is more than 36 months older than the complainant.Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense.In a prosecution under this clause, the state
is not required to prove that the sexual contact was coerced;

(b) the complainant is at least 13 but
less than 16 years of age and the actor is more than 48 months older than the
complainant and in a current or recent position of authority over the
complainant.Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;

(c) circumstances existing at the time of
the act cause the complainant to have a reasonable fear of imminent great
bodily harm to the complainant or another;

(d) the actor is armed with a dangerous
weapon or any article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or threatens to use the
dangerous weapon to cause the complainant to submit;

(e) the actor causes personal injury to the
complainant, and either of the following circumstances exist:

(i) the actor uses force or coercion to
accomplish the sexual contact; or

(ii) the actor knows or has reason to know
that the complainant is mentally impaired, mentally incapacitated, or physically
helpless;

(f) the actor is aided or abetted by one
or more accomplices within the meaning of section 609.05, and either of the
following circumstances exists:

(i) an accomplice uses force or coercion
to cause the complainant to submit; or

(ii) an accomplice is armed with a
dangerous weapon or any article used or fashioned in a manner to lead the
complainant to reasonably believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant to submit;

(g) the actor has a significant
relationship to the complainant and the complainant was under 16 years of age
at the time of the sexual contact.Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense; or

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(h)
the actor has a significant relationship to the complainant, the complainant
was under 16 years of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force
or coercion to accomplish the contact;

(ii) the complainant suffered personal
injury; or

(iii) the sexual abuse involved multiple
acts committed over an extended period of time.

Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 2.Penalty.(a) Except as otherwise provided in
section 609.3455; or Minnesota Statutes 2004, section 609.109, a person
convicted under subdivision 1 may be sentenced to imprisonment for not more
than 25 years or to a payment of a fine of not more than $35,000, or both.

(b) Unless a longer mandatory minimum
sentence is otherwise required by law or the Sentencing Guidelines provide for
a longer presumptive executed sentence, the court shall presume that an
executed sentence of 90 months must be imposed on an offender convicted of
violating subdivision 1, clause (c), (d), (e), (f), or (h).Sentencing a person in a manner other than
that described in this paragraph is a departure from the Sentencing Guidelines.

(c) A person convicted under this section
is also subject to conditional release, extended probation, and intensive
probation under section 609.3455.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subdivision 1.Crime
defined.A person who engages in
sexual penetration with another person is guilty of criminal sexual conduct in
the third degree if any of the following circumstances exists:

(a) the complainant is under 13 years of age
and the actor is no more than 36 months older than the complainant.Neither mistake as to the complainant's age
nor consent to the act by the complainant shall be a defense;

(b) the complainant is at least 13 but less
than 16 years of age and the actor is more than 24 months older than the
complainant.In any such case if the
actor is no more than 120 months older than the complainant, it shall be an
affirmative defense, which must be proved by a preponderance of the evidence,
that the actor reasonably believes the complainant to be 16 years of age or
older.In all other cases, mistake as to
the complainant's age shall not be a defense.Consent by the complainant is not a defense;

(c) the actor uses force or coercion to
accomplish the penetration;

(d) the actor knows or has reason to know
that the complainant is mentally impaired, mentally incapacitated, or
physically helpless;

(e) the complainant is:

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(1)
at least 16 but less than 18 years of age and the actor is more than 48 months
older than the complainant and in a current or recent position of
authority over the complainant; or

(2) at least 16 but less than 21 years of
age and a student in a secondary school who has not graduated and received a
diploma and the actor is an employee, volunteer, or independent contractor of
the secondary school and in a current or recent position of authority over the
complainant.

Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;

(f) the actor has a significant relationship
to the complainant and the complainant was at least 16 but under 18 years
of age at the time of the sexual penetration.Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;

(g) the actor has a significant relationship
to the complainant, the complainant was at least 16 but under 18 years of age
at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or
coercion to accomplish the penetration;

(ii) the complainant suffered personal
injury; or

(iii) the sexual abuse involved multiple
acts committed over an extended period of time.

Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;

(h) the actor is a psychotherapist and the
complainant is a patient of the psychotherapist and the sexual penetration
occurred:

(i) the actor is a psychotherapist and the
complainant is a former patient of the psychotherapist and the former patient
is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the
complainant is a patient or former patient and the sexual penetration occurred
by means of therapeutic deception.Consent
by the complainant is not a defense;

(k) the actor accomplishes the sexual
penetration by means of deception or false representation that the penetration
is for a bona fide medical purpose.Consent
by the complainant is not a defense;

(1) the actor is or purports to be a member
of the clergy, the complainant is not married to the actor, and:

(i) the sexual penetration occurred during
the course of a meeting in which the complainant sought or received religious
or spiritual advice, aid, or comfort from the actor in private; or

(ii) the sexual penetration occurred during
a period of time in which the complainant was meeting on an ongoing basis with
the actor to seek or receive religious or spiritual advice, aid, or comfort in
private.Consent by the complainant is
not a defense;

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(m)
the actor is an employee, independent contractor, or volunteer of a state,
county, city, or privately operated adult or juvenile correctional system, or
secure treatment facility, or treatment facility providing services to clients
civilly committed as mentally ill and dangerous, sexually dangerous persons, or
sexual psychopathic personalities, including, but not limited to, jails,
prisons, detention centers, or work release facilities, and the complainant is
a resident of a facility or under supervision of the correctional system.Consent by the complainant is not a defense;

(n) the actor provides or is an agent of an
entity that provides special transportation service, the complainant used the
special transportation service, and the sexual penetration occurred during or
immediately before or after the actor transported the complainant.Consent by the complainant is not a defense; or

(o) the actor performs massage or other
bodywork for hire, the complainant was a user of one of those services, and
nonconsensual sexual penetration occurred during or immediately before or after
the actor performed or was hired to perform one of those services for the
complainant; or

(p) the actor is a peace officer, as
defined in section 626.84, subdivision 1, paragraph (c), or a part-time peace
officer, as defined in section 626.84, subdivision 1, paragraph (d), and the
officer physically or constructively restrains the complainant or the
complainant does not reasonably feel free to leave the officer's presence.Consent by the complainant is not a defense.This paragraph does not apply to any
penetration of the mouth, genitals, or anus during a lawful search.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 2.Penalty.Except as otherwise provided in section 609.3455,
a person convicted under subdivision 1 may be sentenced:

(1) to imprisonment for not more than 15
years or to a payment of a fine of not more than $30,000, or both; or

(2) if the person was convicted under
subdivision 1, paragraph (b), and if the actor was no more than 48 months but
more than 24 months older than the complainant, to imprisonment for not more
than five years or a fine of not more than $30,000, or both.

A person convicted under this section is
also subject to conditional release, extended probation, and intensive
probation under section 609.3455.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subdivision 1.Crime
defined.A person who engages in
sexual contact with another person is guilty of criminal sexual conduct in the
fourth degree if any of the following circumstances exists:

(a) the complainant is under 13 years of age
and the actor is no more than 36 months older than the complainant.Neither mistake as to the complainant's age
or consent to the act by the complainant is a defense.In a prosecution under this clause, the state
is not required to prove that the sexual contact was coerced;

(b) the complainant is at least 13 but less
than 16 years of age and the actor is more than 48 months older than the
complainant or in a current or recent position of authority over the
complainant.Consent by the complainant
to the act is not a defense.In any such
case, if the actor is no more than 120 months older than the complainant, it
shall

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be
an affirmative defense which must be proved by a preponderance of the evidence
that the actor reasonably believes the complainant to be 16 years of age or
older.In all other cases, mistake as to
the complainant's age shall not be a defense;

(c) the actor uses force or coercion to
accomplish the sexual contact;

(d) the actor knows or has reason to know
that the complainant is mentally impaired, mentally incapacitated, or
physically helpless;

(e) the complainant is:

(1) at least 16 but less than 18
years of age and the actor is more than 48 months older than the complainant
and in a current or recent position of authority over the complainant;
or

(2) at least 16 but less than 21 years of
age and a student in a secondary school who has not graduated and received a
diploma and the actor is an employee, volunteer, or independent contractor of
the secondary school and in a current or recent position of authority over the
complainant.

Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;

(f) the actor has a significant relationship
to the complainant and the complainant was at least 16 but under 18 years
of age at the time of the sexual contact.Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;

(g) the actor has a significant relationship
to the complainant, the complainant was at least 16 but under 18 years of age
at the time of the sexual contact, and:

(i) the actor or an accomplice used force or
coercion to accomplish the contact;

(ii) the complainant suffered personal
injury; or

(iii) the sexual abuse involved multiple
acts committed over an extended period of time.

Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;

(h) the actor is a psychotherapist and the
complainant is a patient of the psychotherapist and the sexual contact
occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an
ongoing psychotherapist-patient relationship exists.Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the
complainant is a former patient of the psychotherapist and the former patient
is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the
complainant is a patient or former patient and the sexual contact occurred by
means of therapeutic deception.Consent
by the complainant is not a defense;

(k) the actor accomplishes the sexual
contact by means of deception or false representation that the contact is for a
bona fide medical purpose.Consent by the
complainant is not a defense;

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(1)
the actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:

(i) the sexual contact occurred during the
course of a meeting in which the complainant sought or received religious or
spiritual advice, aid, or comfort from the actor in private; or

(ii) the sexual contact occurred during a
period of time in which the complainant was meeting on an ongoing basis with
the actor to seek or receive religious or spiritual advice, aid, or comfort in
private.Consent by the complainant is
not a defense;

(m) the actor is an employee, independent
contractor, or volunteer of a state, county, city, or privately operated adult
or juvenile correctional system, or secure treatment facility, or treatment
facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities,
including, but not limited to, jails, prisons, detention centers, or work
release facilities, and the complainant is a resident of a facility or under
supervision of the correctional system.Consent
by the complainant is not a defense;

(n) the actor provides or is an agent of an
entity that provides special transportation service, the complainant used the
special transportation service, the complainant is not married to the actor,
and the sexual contact occurred during or
immediately before or after the actor transported the complainant.Consent by the complainant is not a defense; or

(o) the actor performs massage or other
bodywork for hire, the complainant was a user of one of those services, and
nonconsensual sexual contact occurred during or immediately before or after the
actor performed or was hired to perform one of those services for the
complainant; or

(p) the actor is a peace officer, as
defined in section 626.84, subdivision 1, paragraph (c), or a part-time peace
officer, as defined in section 626.84, subdivision 1, paragraph (d), and the
officer physically or constructively restrains the complainant or the
complainant does not reasonably feel free to leave the officer's presence.Consent by the complainant is not a defense.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 2.Penalty.Except as otherwise provided in section
609.3455, a person convicted under subdivision 1 may be sentenced to
imprisonment for not more than ten years or to a payment of a fine of not more
than $20,000, or both.A person
convicted under this section is also subject to conditional release,
extended probation, and intensive probation under section 609.3455.

EFFECTIVE
DATE.This section is effective
August 1, 2018, and applies to offenses committed on or after that date.

(2) the person engages in masturbation or
lewd exhibition of the genitals in the presence of a minor under the age of 16,
knowing or having reason to know the minor is present.

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For
purposes of this section, "sexual contact" has the meaning given in
section 609.341, subdivision 11, paragraph (a), clauses (i), (iv), and (v),
but does not include the intentional touching of the clothing covering the
immediate area of the buttocks.Sexual
contact also includes the intentional removal or attempted removal of clothing
covering the complainant's intimate parts or undergarments, and the
nonconsensual touching by the complainant of the actor's intimate parts,
effected by the actor, if the action is performed with sexual or aggressive
intent.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 3.Felony.(a) A person is guilty of a felony and
may be sentenced to imprisonment for not more than seven years or to payment of
a fine of not more than $14,000, or both, if the person violates this section
within seven years of:

(1) a previous conviction for violating
subdivision 1, clause (2), a crime described in paragraph (b), or a statute
from another state in conformity with any of these offenses; or

(2) the first of two or more previous
convictions for violating subdivision 1, clause (1), or a statute from another
state in conformity with this offense.

(b) A previous conviction for violating
section 609.342; 609.343; 609.344; 609.345; 609.3453; 617.23, subdivision 2,
clause (2), or subdivision 3; or 617.247 may be used to enhance a criminal
penalty as provided in paragraph (a).

(c) A person convicted under this
subdivision is also subject to conditional release, extended probation, and
intensive probation under section 609.3455.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 6.Mandatory
ten-year25-year conditional release term.(a) Notwithstanding the statutory
maximum sentence otherwise applicable to
the offense and unless a longer conditional release term is required in
subdivision 7, when a court commits an offender to the custody of the
commissioner of corrections for a violation of section 609.342, 609.343,
609.344, 609.345, or 609.3453, the court shall provide that, after the offender
has been released from prison, the commissioner shall place the offender on
conditional release for tenat least 25 years.

(b) An offender on conditional release
pursuant to paragraph (a) may petition the sentencing court for an order
terminating the conditional release term.The petition can be filed no sooner than ten years after the
commissioner places the offender on conditional release, the offender has been
convicted of a crime, or the commissioner has revoked the offender's
conditional release, whichever is later.A copy of the petition must be served on the prosecuting attorney.The prosecuting attorney must provide notice
of a petition to terminate conditional release to victims who requested
notification under section 611A.06.The
court must hold a hearing on a petition.Terminating conditional release is an extraordinary remedy to be granted
only upon clear and convincing evidence that terminating the offender's
conditional release is consistent with public safety.The court must consider the testimony of the
offender's victims before ruling on the offender's petition.If the court denies an offender's petition to
terminate conditional release, the offender may not file a new petition for
five years from the date of the court's order.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

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Subd. 7a.Extended
probation.(a)
Notwithstanding the statutory maximum sentence otherwise applicable to the
offense and otherwise provided in section 609.135, subdivision 2, paragraph
(a), when the court does not commit an offender to the commissioner of
corrections for a felony violation of section 609.342, 609.343, 609.344,
609.345, 609.3451, or 609.3453, the court shall, after the offender has been
released from any term of confinement imposed by the court, place the offender
on probation for at least 25 years.

(b) An offender on extended probation
pursuant to paragraph (a) may petition the sentencing court for an order
terminating the extended probation term.The petition can be filed no sooner than ten years after the court
places the offender on extended probation, the offender has been convicted of a
crime, or the court has revoked the offender's extended probation, whichever is
later.A copy of the petition must be
served on the prosecuting attorney.The
prosecuting attorney must provide notice of a petition to terminate extended
probation to victims who requested notification under section 611A.06.The court must hold a hearing on a petition.Terminating extended probation is an extraordinary
remedy to be granted only upon clear and convincing evidence that terminating
the offender's extended probation is consistent with public safety.The court must consider the testimony of the
offender's victims before ruling on the offender's petition.If the court denies an offender's petition to
terminate extended probation, the offender may not file a new petition for five
years from the date of the court's order.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 8.Terms
of conditional release; applicable to all sex offenders.(a) The provisions of this subdivision
relating to conditional release apply to all sex offenders sentenced to prison
for a violation of section 609.342, 609.343, 609.344, 609.345, 609.3451,
or 609.3453.Except as provided in this
subdivision, conditional release of sex offenders is governed by provisions
relating to supervised release.The
commissioner of corrections may not dismiss an offender on conditional release
from supervision until the offender's conditional release term expires.

(b) The conditions of release may include
successful completion of treatment and aftercare in a program approved by the
commissioner, satisfaction of the release conditions specified in section
244.05, subdivision 6, and any other conditions the commissioner considers appropriate.The commissioner shall develop a plan to pay
the cost of treatment of a person released under this subdivision.The plan may include co-payments from
offenders, third‑party payers, local agencies, or other funding sources
as they are identified.This section
does not require the commissioner to accept or retain an offender in a
treatment program.Before the offender
is placed on conditional release, the commissioner shall notify the sentencing
court and the prosecutor in the jurisdiction where the offender was sentenced
of the terms of the offender's conditional release.The commissioner also shall make reasonable
efforts to notify the victim of the offender's crime of the terms of the
offender's conditional release.

(c) If the offender fails to meet any
condition of release, the commissioner may revoke the offender's conditional
release and order that the offender serve all or a part of the remaining
portion of the conditional release term in prison.An offender, while on supervised release, is
not entitled to credit against the offender's conditional release term for time
served in confinement for a violation of release.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

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Subd. 8a.Intensive
probation.(a) When the court
does not commit an offender to the commissioner of corrections after a
conviction for a felony violation of section 609.342, 609.343, 609.344,
609.345, 609.3451, or 609.3453, the court shall place the offender on intensive
probation as provided in this subdivision.

(b) Phase I of intensive probation is
six months and begins after the offender is released from confinement, if
ordered by the court.Phase II lasts for
at least one-third of the time remaining in the offender's imposed sentence at
the beginning of phase II.Phase III
lasts for at least one-third of the time remaining in the offender's imposed
sentence at the beginning of phase III.Phase
IV continues until the offender's imposed sentence expires.

(c) During phase I, the offender will
be under house arrest in a residence approved by the offender's probation agent
and may not move to another residence without permission."House arrest" means that the
offender's movements will be severely restricted and continually monitored by
the assigned agent.During phase II,
modified house arrest is imposed.During
phases III and IV, the offender is subjected to a daily curfew instead of house
arrest.

(d) During phase I, the assigned
probation agent shall have at least four face-to-face contacts with the
offender each week.During phase II, two
face-to-face contacts a week are required.During phase III, one face-to-face contact a week is required.During phase IV, two face-to-face contacts a
month are required.When an offender is
an inmate of a jail or a resident of a facility that is staffed full time, at
least one face-to-face contact a week is required.

(e) During phases I, II, III, and IV,
the offender must spend at least 40 hours a week performing approved work,
undertaking constructive activity designed to obtain employment, or attending a
treatment or education program as directed by the agent.An offender may not spend more than six
months in a residential treatment program that does not require the offender to
spend at least 40 hours a week performing approved work or undertaking
constructive activity designed to obtain employment.

(f) During any phase, the offender may
be placed on electronic surveillance if the probation agent so directs.If electronic surveillance is directed during
phase I, the court must require that the offender be kept in custody, or that
the offender's probation agent or the agent's designee directly supervise the
offender, until electronic surveillance is activated.It is the responsibility of the offender
placed on electronic surveillance to ensure that the offender's residence is
properly equipped and the offender's telecommunications system is properly
configured to support electronic surveillance prior to being released from
custody or the direct supervision of a probation agent.It is a violation of an offender's probation
to fail to comply with this paragraph.

(g) Throughout all phases of intensive
probation, the offender shall submit at any time to an unannounced search of
the offender's person, vehicle, computer and other devices that access the
Internet or store data, or premises by a probation agent.

(h) The court may include any other
conditions in the various phases of intensive probation that the court finds
necessary and appropriate.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

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Subd. 2.Use of
minor.It is unlawful for a person
to promote, employ, use or permit a minor to engage in or assist others to engage minors in posing or
modeling alone or with others in any sexual performance or pornographic work if
the person knows or has reason to know that the conduct intended is a sexual
performance or a pornographic work.

Any person who violates this subdivision
is guilty of a felony and may be sentenced to imprisonment for not more than ten15 years or to payment of a fine of not more than $20,000 for the first
offense and $40,000 for a second or subsequent offense, or both.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 3.Operation
or ownership of business.A person
who owns or operates a business in which a pornographic work, as defined in
this section, is disseminated to an adult or a minor or is reproduced, and who
knows the content and character of the pornographic work disseminated or
reproduced, is guilty of a felony and may be sentenced to imprisonment for not
more than ten15 years, or to payment of a fine of not more than
$20,000 for the first offense and $40,000 for a second or subsequent offense,
or both.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 4.Dissemination.A person who, knowing or with reason to
know its content and character, disseminates for profit to an adult or a minor
a pornographic work, as defined in this section, is guilty of a felony and may
be sentenced to imprisonment for not more than ten15 years, or
to payment of a fine of not more than $20,000 for the first offense and $40,000
for a second or subsequent offense, or both.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 7.Conditional
release term.Notwithstanding the
statutory maximum sentence otherwise applicable to the offense or any provision
of the sentencing guidelines, when a court commits a person to the custody of
the commissioner of corrections for violating this section, the court shall
provide that after the person has been released from prison, the commissioner
shall place the person on conditional release for fiveten years.If the person has previously been convicted
of a violation of this section, section 609.342, 609.343, 609.344, 609.345,
609.3451, 609.3453, or 617.247, or any similar statute of the United States,
this state, or any state, the commissioner shall place the person on
conditional release for tenat least 25 years.The terms of conditional release are governed
by section 609.3455, subdivision 8.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that date.

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Subd. 8.Mandatory
minimum sentence.A person
convicted under this section must serve a minimum of six months of
incarceration.If the person (1) has a
prior conviction under this section or section 617.247, or (2) is required to
register as a predatory offender, the person must serve a minimum of 12 months
of incarceration.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 3.Dissemination
prohibited.(a) A person who
disseminates pornographic work to an adult or a minor, knowing or with reason
to know its content and character, is guilty of a felony and may be sentenced
to imprisonment for not more than seventen years and a fine of
not more than $10,000 for a first offense and for not more than 1520
years and a fine of not more than $20,000 for a second or subsequent offense.

(b) A person who violates paragraph (a) is
guilty of a felony and may be sentenced to imprisonment for not more than 1520 years if the violation occurs when the person is a registered
predatory offender under section 243.166.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 4.Possession
prohibited.(a) A person who
possesses a pornographic work or a computer disk or computer or other
electronic, magnetic, or optical storage system or a storage system of any
other type, containing a pornographic work, knowing or with reason to know its
content and character, is guilty of a felony and may be sentenced to
imprisonment for not more than fiveseven years and a fine of not
more than $5,000$7,500 for a first offense and for not more than
ten15 years and a fine of not more than $10,000$15,000
for a second or subsequent offense.

(b) A person who violates paragraph (a) is
guilty of a felony and may be sentenced to imprisonment for not more than ten15 years if the violation occurs when the person is a registered
predatory offender under section 243.166.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 9.Conditional
release term.Notwithstanding the
statutory maximum sentence otherwise applicable to the offense or any provision
of the sentencing guidelines, when a court commits a person to the custody of
the commissioner of corrections for violating this section, the court shall
provide that after the person has been released from prison, the commissioner
shall place the person on conditional release for fiveten years.If the person has previously been convicted
of a violation of this section, section 609.342, 609.343, 609.344, 609.345,
609.3451, 609.3453, or 617.246, or any similar statute of the United States,
this state, or any state, the commissioner shall place the person on
conditional release for tenat least 25 years.The terms of conditional release are governed
by section 609.3455, subdivision 8.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

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Subd. 10.Mandatory
minimum sentence.A person
convicted under this section must serve a minimum of six months of
incarceration.If the person (1) has a
prior conviction under this section or section 617.246, or (2) is required to
register as a predatory offender, the person must serve a minimum of 12 months
of incarceration.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 1a.Filing
photograph or image; data classification.The department shall file, or contract to file, all photographs or
electronically produced images obtained in the process of issuing drivers'
licenses or Minnesota identification cards.The photographs or electronically produced images shall be private data
pursuant to section 13.02, subdivision 12.Notwithstanding section 13.04, subdivision 3, the department shall not
be required to provide copies of photographs or electronically produced images
to data subjects.The use of the files
is restricted:

(1) to the issuance and control of drivers'
licenses;

(2) to criminal justice agencies, as defined
in section 299C.46, subdivision 2, for the investigation and prosecution of
crimes, service of process, enforcement of no contact orders, location of
missing persons, investigation and preparation of cases for criminal, juvenile,
and traffic court, location of individuals required to register under
section 243.166 or 243.167, and supervision of offenders;

(3) to public defenders, as defined in
section 611.272, for the investigation and preparation of cases for criminal,
juvenile, and traffic courts;

(4) to child support enforcement purposes
under section 256.978; and

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(5)
to a county medical examiner or coroner as required by section 390.005 as
necessary to fulfill the duties under sections 390.11 and 390.25.

Subd. 1a.Definitions.(a) As used in this section, unless the
context clearly indicates otherwise, the following terms have the meanings
given them.

(b) "Bureau" means the Bureau of
Criminal Apprehension.

(c) "Dwelling" means the
building where the person lives under a formal or informal agreement to do so.However, dwelling does not include a
supervised publicly or privately operated shelter or facility designed to
provide temporary living accommodations for homeless individuals as defined in
section 116L.361, subdivision 5.

(d) "Incarceration" and
"confinement" do not include electronic home monitoring.

(e) "Law enforcement authority"
or "authority" means, with respect to a home rule charter or
statutory city, the chief of police, and with respect to an unincorporated
area, the county sheriff.

(f) "Motor vehicle" has the
meaning given in section 169.011, subdivision 92.

(g) "Primary address" means the
mailing address of the person's dwelling.If the mailing address is different from the actual location of the
dwelling, primary address also includes the physical location of the dwelling
described with as much specificity as possible.

(h) "School" includes any public
or private educational institution, including any secondary school, trade, or
professional institution, or institution of higher education, that the person
is enrolled in on a full-time or part-time basis.

(i) "Secondary address" means
the mailing address of any place where the person regularly or occasionally
stays overnight when not staying at the person's primary address.If the mailing address is different from the
actual location of the place, secondary address also includes the physical
location of the place described with as much specificity as possible.However, the location of a supervised
publicly or privately operated shelter or facility designated to provide
temporary living accommodations for homeless individuals as defined in section
116L.361, subdivision 5, does not constitute a secondary address.

(k) "Treatment facility"
means a residential facility, as defined in section 244.052, subdivision 1, and
residential chemical dependency treatment programs and halfway houses licensed
under chapter 245A, including, but not limited to, those facilities directly or
indirectly assisted by any department or agency of the United States.

(l) "Watercraft" has the
meaning given in section 86B.005, subdivision 18.

(k)(m) "Work"
includes employment that is full time or part time for a period of time
exceeding 14 days or for an aggregate period of time exceeding 30 days during
any calendar year, whether financially compensated, volunteered, or for the
purpose of government or educational benefit.

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(1) the person was charged with or
petitioned for a felony violation of or attempt to violate, or aiding,
abetting, or conspiracy to commit, any of the following, and convicted of or
adjudicated delinquent for that offense or another offense arising out of the
same set of circumstances:

(v) soliciting a minor to engage in
sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause
(1);

(vi) using a minor in a sexual
performance in violation of section 617.246; or

(vii) possessing pornographic work
involving a minor in violation of section 617.247,; or

(viii) nonconsensual dissemination of
private sexual images in violation of section 617.261; and

convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances;

(3) the person was sentenced as a
patterned sex offender under section 609.3455, subdivision 3a; or

(4) the person was charged with or
petitioned for, including pursuant to a court martial, violating a law of the United States, including the Uniform Code of
Military Justice, similar to the offenses described in clause (1), (2), or (3),
or violations of United States Code, title 18, section 1801, 2423, or 2425,
and convicted of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances.

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(b)
A person also shall register under this section if:

(1) the person was charged with or petitioned for an
offense in another state that would be a violation of a law described in
paragraph (a) if committed in this state and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of
circumstances;

(2) the person enters this state to reside, work, or attend
school, or enters this state and remains for 14 days or longer; and

(3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined, since the person
was convicted of or adjudicated delinquent for the offense that triggers
registration, unless the person is subject to a longer registration period
under the laws of another state in which the person has been convicted or
adjudicated, or is subject to lifetime registration.

If a person described in this paragraph is subject to a
longer registration period in another state or is subject to lifetime
registration, the person shall register for that time period regardless of when
the person was released from confinement, convicted, or adjudicated delinquent.

(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under Minnesota
Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section
526.10, or a similar law of another state or the United States, regardless of
whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in paragraph (a),
clause (1), or a similar law of another state or the United States, or the
person was charged with or petitioned for a violation of any of the offenses
listed in paragraph (a), clause (2), or a similar law of another state or the
United States;

(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or found guilty
but mentally ill after a trial for that offense, in states with a guilty but
mentally ill verdict; and

(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or the United
States.

(e) A person also shall register under this section if
the person received a stay of adjudication under section 609.095, paragraph
(b), for a charge of violating section 243.166, 609.342, 609.343, 609.344,
609.345, 609.3451, subdivision 3, or 609.3453, unless the offender is a
juvenile and the court finds, on the record, that there is good cause to waive
the registration requirement.

Subd. 2.Notice.When a person who is required to register under subdivision 1b,
paragraph (a), is sentenced or becomes subject to a juvenile court disposition
order, the court shall tell the person of the duty to register under this
section and that, if the person fails to comply with the registration requirements,
information about the offender may be made available to the public through
electronic, computerized, or other accessible means.The court may not modify the person's duty to
register in the pronounced sentence or disposition order.The court shall require the person to read
and sign a form stating that the duty of the person to register under this
section has been explained.The court
shall forward the signed sex offender registrationcourt notification
form, the complaint, and sentencing documents to the bureau.If a person required to register under
subdivision 1b, paragraph (a), was not notified by the court of the
registration requirement at the time of sentencing or disposition, the assigned
corrections agent shall

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notify
the person of the requirements of this section.If a person does not have a corrections agent, the local law
enforcement authority with jurisdiction over the person's primary address shall
notify the person of the requirements.When a person who is required to register under subdivision 1b,
paragraph (c) or (d), is released from commitment, the treatment facility shall
notify the person of the requirements of this section.The treatment facility shall also obtain the
registration information required under this section and forward it to the
bureau.

Subd. 4.Contents
of registration.(a) The
registration provided to the corrections agent or law enforcement authority,
must consist of a statement in writing signed by the person, giving information
required by the bureau, fingerprints, biological specimen for DNA analysis
as defined under section 299C.155, subdivision 1, and photograph of the
person taken at the time of the person's release from incarceration or, if the
person was not incarcerated, at the time the person initially registered under
this section.The registration
information also must include a written consent form signed by the person
allowing a treatment facility or residential housing unit or shelter to release
information to a law enforcement officer about the person's admission to, or
residence in, a treatment facility or residential housing unit or shelter.Registration information on adults and
juveniles may be maintained together notwithstanding section 260B.171,
subdivision 3.

(b) For persons required to register under
subdivision 1b, paragraph (c), following commitment pursuant to a court
commitment under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota
Statutes 1992, section 526.10, or a similar law of another state or the United
States, in addition to other information required by this section, the
registration provided to the corrections agent or law enforcement authority
must include the person's offense history and documentation of treatment
received during the person's commitment.This documentation is limited to a statement of how far the person
progressed in treatment during commitment.

(c) Within three days of receipt, the
corrections agent or law enforcement authority shall forward the registration
information to the bureau.The bureau
shall ascertain whether the person has registered with the law enforcement
authority in the area of the person's primary address, if any, or if the person
lacks a primary address, where the person is staying, as required by
subdivision 3a.If the person has not
registered with the law enforcement authority, the bureau shall send one
copy tonotify that authority.

(d) The corrections agent or law enforcement
authority may require that a person required to register under this section
appear before the agent or authority to be photographed.The agent or authority shall forward the
photograph to the bureau.

(1) Except as provided in clause (2), the
agent or authority may photograph any offender at a time and frequency chosen
by the agent or authority.

(2) The requirements of this paragraph shall
not apply during any period where the person to be photographed is:(i) committed to the commissioner of corrections
and incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii)
committed to the commissioner of human services and receiving treatment in a
secure treatment facility.

(e) During the period a person is required
to register under this section, the following provisions apply:

(1) Except for persons registering under
subdivision 3a, the bureau shall mail a verification form to the person's last
reported primary address.This
verification form must provide notice to the offender that, if the offender
does not return the verification form as required, information about the
offender may be made available to the public through electronic, computerized,
or other accessible means.For persons
who are registered under subdivision 3a, the bureau shall mail an annual
verification form to the law enforcement authority where the offender most
recently reported.The authority shall
provide the verification form to the person at the next weekly meeting and
ensure that

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the
person completes and signs the form and returns it to the bureau.Notice is sufficient under this paragraph, if
the verification form is sent by first class mail to the person's last reported
primary address, or for persons registered under subdivision 3a, to the law
enforcement authority where the offender most recently reported.

(2) The person shall mail the signed
verification form back to the bureau within ten15 days after
receipt of the date on the form, stating on the form the current and
last address of the person's residence and the other information required under
subdivision 4a.

(3) In addition to the requirements listed
in this section, an offender who is no longer under correctional supervision
for a registration offense, or a failure to register offense, but who resides,
works, or attends school in Minnesota, shall have an in-person contact with a
law enforcement authority as provided in this section.If the person resides in Minnesota, the
in-person contact shall be with the law enforcement authority that has
jurisdiction over the person's primary address or, if the person has no
address, the location where the person is staying.If the person does not reside in Minnesota
but works or attends school in this state, the person shall have an in-person
contact with the law enforcement authority or authorities with jurisdiction
over the person's school or workplace.During
the month of the person's birth date, the person shall report to the authority
to verify the accuracy of the registration information and to be photographed.Within three days of this contact, the
authority shall enter information as required by the bureau into the predatory
offender registration database and submit an updated photograph of the person
to the bureau's predatory offender registration unit.

(4) If the person fails to mail the
completed and signed verification form to the bureau within ten15
days after receipt of the date on the form, or if the person
fails to report to the law enforcement authority during the month of the
person's birth date, the person is in violation of this section.

(5) For any person who fails to mail the
completed and signed verification form to the bureau within ten15
days after receipt of the date on the form and who has been
determined to be a risk level III offender under section 244.052, the bureau
shall immediately investigate and notify local law enforcement authorities to
investigate the person's location and to ensure compliance with this section.The bureau also shall immediately give notice
of the person's violation of this section to the law enforcement authority
having jurisdiction over the person's last registered primary address or
addresses.

(6) A corrections agent or law enforcement
authority may determine whether the person is at their primary address,
secondary address, school or work location, if any, or the accuracy of any
other information required under subdivision 4a or 4d at a time and frequency
chosen by the agent or authority.A law
enforcement authority may make this determination on any person whose primary
address, secondary address, or school or work location, if any, is within the
authority's jurisdiction, regardless of the assignment of a corrections agent.

For persons required to register under
subdivision 1b, paragraph (c), following commitment pursuant to a court
commitment under Minnesota Statutes 2012, section 253B.185, chapter 253D,
Minnesota Statutes 1992, section 526.10, or a similar law of another state or
the United States, the bureau shall comply with clause (1) at least four times
each year.For persons who, under
section 244.052, are assigned to risk level III and who are no longer under correctional supervision for a registration
offense or a failure to register offense, the bureau shall comply with clause
(1) at least two times each year.For all other persons required to register under this section, the
bureau shall comply with clause (1) each year within 30 days of the anniversary
date of the person's initial registration.

(f) When sending out a verification form,
the bureau shall determine whether the person to whom the verification form is
being sent has signed a written consent form as provided for in paragraph (a).If the person has not signed such a consent
form, the bureau shall send a written consent form to the person along with the
verification form.A person who receives
this written consent form shall sign and return it to the bureau at the same
time as the verification form.

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(g)
For persons registered under this section on the effective date of this
section, each person, on or before one year from that date, must provide a
biological specimen for the purpose of DNA analysis to the probation agency or
law enforcement agency where that person is registered.A person who provides or has provided a
biological specimen for the purpose of DNA analysis under chapter 299C or
section 609.117 meets the requirements of this paragraph.

Subd. 4a.Information
required to be provided.(a) A
person required to register under this section shall provide to the corrections
agent or law enforcement authority the following information:

(1) the person's primary address;

(2) all of the person's secondary addresses
in Minnesota, including all addresses used for residential or
recreational purposes;

(3) the addresses of all Minnesota property
owned, leased, or rented by the person;

(4) the addresses of all locations where
the person is employed;

(5) the addresses of all schools where the
person is enrolled; and

(6) the year, model, make, license plate
number, and color of all motor vehicles owned or regularly driven by the person.;

(7) the expiration year for the motor
vehicle license plate tabs of all motor vehicles owned by the person;

(8) the person's driver's license or
government identification number and state of issue;

(9) the year, model, make, and
registration number for all watercraft owned or regularly operated by the
person;

(10) the person's Social Security number
as required by United States Code, title 42, section 16914;

(11) all of the person's electronic mail
addresses, instant messaging addresses, and social media accounts;

(12) all telephone numbers including
work, school, and home and any cellular telephone service;

(13) the person's passport number and
country of issue, if any; and

(14) the person's professional license
number, if any, and the issuing organization.

(b) The person shall report to the agent or
authority the information required to be provided under paragraph (a), clauses
(2) to (6)(14), within five days of the date the clause becomes
applicable.If because of a change in
circumstances any information reported under paragraph (a), clauses (1) to (6)(14), no longer applies, the person shall immediately inform the agent
or authority that the information is no longer valid.If the person leaves a primary address and
does not have a new primary address, the person shall register as provided in
subdivision 3a.

Subd. 4b.Health
care facility; notice of status.(a)
For the purposes of this subdivision, "health care facility" means a
facility:

(1) licensed by the commissioner of health
as a hospital, boarding care home or supervised living facility under sections
144.50 to 144.58, or a nursing home under chapter 144A;

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(2)
registered by the commissioner of health as a housing with services
establishment as defined in section 144D.01; or

(3) licensed by the commissioner of
health as a home care provider as defined in section 144A.43; or

(3)(4) licensed by the
commissioner of human services as a residential facility under chapter 245A to
provide adult foster care, adult mental health treatment, chemical dependency
treatment to adults, or residential services to persons with disabilities.

(b) Prior to admission to a health care
facility, a person required to register under this section shall disclose to:

(1) the health care facility employee
processing the admission the person's status as a registered predatory offender
under this section; and

(2) the person's corrections agent, or if
the person does not have an assigned corrections agent, the law enforcement
authority with whom the person is currently required to register, that
inpatient admission or other admission will occur.

(c) A law enforcement authority or
corrections agent who receives notice under paragraph (b) or who knows that a
person required to register under this section is planning to be admitted and
receive, or has been admitted and is receiving health care at a health care facility
shall notify the administrator of the facility and deliver a fact sheet to the
administrator containing the following information:(1) name and physical description of the
offender; (2) the offender's conviction history, including the dates of conviction;
(3) the risk level classification assigned to the offender under section
244.052, if any; and (4) the profile of likely victims.

(d) Except for a hospital licensed under
sections 144.50 to 144.58 or a home care provider as defined in section
144A.43, if a health care facility receives a fact sheet under paragraph
(c) that includes a risk level classification for the offender, and if the
facility admits the offender, the facility shall distribute the fact sheet to
all residents at the facility.If the
facility determines that distribution to a resident is not appropriate given
the resident's medical, emotional, or mental status, the facility shall
distribute the fact sheet to the patient's next of kin or emergency contact.

Subd. 4c.Notices
in writing; signed.All notices
required by this section must be in writing and signed by the person required
to register.For purposes of this
section, a signature may be in ink on paper, by an electronic method
established by the bureau, or by use of a biometric for the person.If a biometric is used, the person must
provide a sample that is forwarded to the bureau so that it can be maintained
for comparison purposes to verify the person's identity.

Subd. 4d.Travel.(a) A person required to register
under this section who intends to travel outside the boundaries of the United States
must notify the person's corrections agent or the law enforcement authority
with jurisdiction over the person's primary address of the travel plans.The person must provide:

(i) anticipated departure date;

(ii) place of departure;

(iii) place of arrival or return;

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(iv)
carrier and flight numbers for air travel;

(v) destination country and address or
other contact information;

(vi) means and purpose of travel;

(vii) visa information, if any; and

(viii) any other itinerary information
requested by the corrections agent or law enforcement authority.

The notice must be provided at least 21 calendar days
before the departure date and forwarded to the bureau within one business day
of receipt.If it is not possible to
give 21 calendar days' notice due to an emergency or a work assignment, the
person is required to notify the corrections agent or the law enforcement
authority with jurisdiction over the person's primary address as soon as
possible prior to departure.If the
travel is due to an emergency, the person must provide a copy of the message
conveying the emergency that includes the date and time sent and the source of
the information.If the travel is the
result of a work assignment, the employer must provide the date the employee
was informed of the need to travel and the nature of the work to be performed.

(b) The corrections agent or law
enforcement authority must forward the notification to the bureau as soon as
possible after receipt.The bureau must
forward the international travel information as required by United States Code,
title 42, section 16914.

(c) A person required to register under
this section who is assigned a corrections agent must receive the corrections
agent's approval for all international travel.Nothing in this subdivision requires a corrections agent to approve of
travel that is inconsistent with the terms of the offender's supervision.

Subd. 5.Criminal
penalty.(a) A person required to
register under this section who knowingly violates any of its provisions
or intentionally provides false information to a corrections agent, law
enforcement authority, or the bureau is guilty of a felony and may be sentenced
to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both.

(b) Except as provided in paragraph (c), a
person convicted of violating paragraph (a) shall be committed to the custody
of the commissioner of corrections for not less than a year and a day, nor more
than five years.

(c) A person convicted of violating
paragraph (a), who has previously been convicted of or adjudicated delinquent
for violating this section or a similar statute of another state or the United
States, shall be committed to the custody of the commissioner of corrections
for not less than two years, nor more than five years.

(d) Prior to the time of sentencing, the
prosecutor may file a motion to have the person sentenced without regard to the
mandatory minimum sentence established by this subdivision.The motion must be accompanied by a statement
on the record of the reasons for it.When
presented with the motion, or on its own motion, the court may sentence the
person without regard to the mandatory minimum sentence if the court finds
substantial and compelling reasons to do so.Sentencing a person in the manner described in this paragraph is a
departure from the Sentencing Guidelines.

(e) A person convicted and sentenced as
required by this subdivision is not eligible for probation, parole, discharge,
work release, conditional release, or supervised release, until that person has
served the full term of imprisonment as provided by law, notwithstanding the
provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

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Subd. 6.Registration
period.(a) Notwithstanding the
provisions of section 609.165, subdivision 1, and except as provided in
paragraphs (b), (c), and (d), a person required to register under this section
shall continue to comply with this section until ten years have elapsed since
the person initially registered in connection with the offense, or until the
probation, supervised release, or conditional release period expires, whichever
occurs later.For a person required to
register under this section who is committed under section 253B.18, Minnesota
Statutes 2012, section 253B.185, or chapter 253D, the ten-year registration
period does not include the period of commitment.

(b) If a person required to register under
this section fails to provide the person's primary address as required by
subdivision 3, paragraph (b), fails to comply with the requirements of
subdivision 3a, fails to provide information as required by subdivision 4a, or
fails to return the verification form referenced in subdivision 4 within ten15 days, or fails to provide the travel information required by
subdivision 4d and is convicted under subdivision 5, the commissioner of
public safety shall require the person to continue to register for an
additional period of five years.This
five-year period is added to the end of the offender's registration period.In addition, if the person is not in
compliance at the end of the registration period, the commissioner shall
require the person to continue to register for an additional period of two
years.

(c) If a person required to register under
this section is incarcerated due to a conviction for a new offense or following
a revocation of probation, supervised release, or conditional release for any
offense, the person shall continue to register until ten years have elapsed
since the person was last released from incarceration or until the person's
probation, supervised release, or conditional release period expires, whichever
occurs later.

(d) A person shall continue to comply with
this section for the life of that person:

(1) if the person is convicted of or
adjudicated delinquent for any offense for which registration is required under
subdivision 1b, or any offense from another state or any federal offense
similar to the offenses described in subdivision 1b, and the person has a prior
conviction or adjudication for an offense for which registration was or would
have been required under subdivision 1b, or an offense from another state or a
federal offense similar to an offense described in subdivision 1b;

(2) if the person is required to register
based upon a conviction or delinquency adjudication for an offense under
section 609.185, paragraph (a), clause (2), or a similar statute from another
state or the United States;

(3) if
the person is required to register based upon a conviction for an offense under
section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or
(h); 609.343, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h);
609.344, subdivision 1, paragraph (a), (c), or (g); or 609.345, subdivision 1,
paragraph (a), (c), or (g); or a statute from another state or the United
States similar to the offenses described in this clause; or

(4) if the person is required to register
under subdivision 1b, paragraph (c), following commitment pursuant to a court
commitment under Minnesota Statutes 2012, section 253B.185, chapter 253D,
Minnesota Statutes 1992, section 526.10, or a similar law of another state or
the United States.

(e) A person described in subdivision 1b,
paragraph (b), who is required to register under the laws of a state in which
the person has been previously convicted or adjudicated delinquent, shall
register under this section for the time period required by the state of
conviction or adjudication unless a longer time period is required elsewhere in
this section.

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Subd. 7.Use of data.(a) Except as otherwise provided in
subdivision 7a or sections 244.052 and 299C.093, the data provided under this
section is private data on individuals under section 13.02, subdivision 12.

(b) The data may be used only by law enforcement and
corrections agencies for law enforcement and corrections purposes.Law enforcement or a corrections agent
may disclose the status of an individual as a predatory offender to a child
protection worker with a local welfare agency for purposes of doing a family
assessment under section 626.556.A
corrections agent may also disclose the status of an individual as a predatory
offender to comply with section 244.057.

(c) The commissioner of human services is authorized to
have access to the data for:

(1) state-operated services, as defined in section 246.014,
for the purposes described in section 246.13, subdivision 2, paragraph (b); and

Subd. 7a.Availability of information on offenders
who are out of compliance with registration law.(a) The bureau may make information
available to the public about offenders who are 16 years of age or older and
who are out of compliance with this section for 30 days or longer for failure
to provide the offenders' primary or secondary addresses, for failure to
return a verification form, or who have absconded.This information may be made available to the
public through electronic, computerized, or other accessible means.The amount and type of information made
available is limited to the information necessary for the public to assist law
enforcement in locating the offender.

(b) An offender who comes into compliance with this section
after the bureau discloses information about the offender to the public may
send a written request to the bureau requesting the bureau to treat information
about the offender as private data, consistent with subdivision 7.The bureau shall review the request and
promptly take reasonable action to treat the data as private, if the offender
has complied with the requirement that the offender provide the offender's
primary and secondary addresses, has returned the verification form or has
returned to the primary address, or promptly notify the offender that the
information will continue to be treated as public information and the reasons
for the bureau's decision.

(c) If an offender believes the information made public
about the offender is inaccurate or incomplete, the offender may challenge the
data under section 13.04, subdivision 4.

(d) The bureau is immune from any civil or criminal
liability that might otherwise arise, based on the accuracy or completeness of
any information made public under this subdivision, if the bureau acts in good
faith.

The superintendent of the Bureau of
Criminal Apprehension shall maintain a computerized data system relating to
individuals required to register as predatory offenders under section 243.166.To the degree feasible, the system must
include the data required to be provided under section 243.166, subdivisions 4 and,
4a, and 4d, and indicate the time period that the person is required to
register.The superintendent shall maintain
this data in a manner that ensures that it is readily available to law
enforcement agencies.This data is
private data on individuals under

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section
13.02, subdivision 12, but may be used for law enforcement and corrections
purposes.Law enforcement or a
corrections agent may disclose the status of an individual as a predatory
offender to a child protection worker with a local welfare agency for purposes
of doing a family assessment under section 626.556.A corrections agent may also disclose the status
of an individual as a predatory offender to comply with section 244.057.The commissioner of human services has access
to the data for state-operated services, as defined in section 246.014, for the
purposes described in section 246.13, subdivision 2, paragraph (b), and for
purposes of conducting background studies under chapter 245C.

Subd. 4.Reinstatement
of driving privileges; multiple incidents.(a) A person whose driver's license has been revoked as a result
of an offense listed under clause (1) or (2) shall not be eligible for
reinstatement of driving privileges without an ignition interlock restriction
until the commissioner certifies that the person has neither owned nor leased a
vehicle, the person has not transferred ownership of a vehicle to a family or
household member, no family or household member owns or leases a vehicle which
the person has express or implied consent to drive, and the person has not
committed a violation of chapter 169A or 171 during the revocation period; or
the person has used the ignition interlock device and complied with section
171.306 for a period of not less than:

(1) one year, for a person whose
driver's license was revoked for:

(i) an offense occurring within ten
years of a qualified prior impaired driving incident; or

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(ii)
an offense occurring after two qualified prior impaired driving incidents; or

(2) two years, for a person whose
driver's license was revoked for:

(i) an offense occurring under clause
(1), and where the test results indicated an alcohol concentration of twice the
legal limit; or

(ii) an offense occurring under clause
(1), and where the current offense is for a violation of section 169A.20,
subdivision 2 (test refusal).

As used in this paragraph, "family or household
member" has the meaning given in section 169A.63, subdivision 1, paragraph
(f).

(b) A person whose driver's license
has been canceled or denied as a result of three or more qualified impaired
driving incidents shall not be eligible for reinstatement of driving privileges
without an ignition interlock restriction until the person:

(1) has completed rehabilitation according
to rules adopted by the commissioner or been granted a variance from the rules
by the commissioner; and

(2) has submitted verification of
abstinence from alcohol and controlled substances under paragraph (c),
as evidenced by the person's use of an ignition interlock device or other
chemical monitoring device approved by the commissioner.

(b)(c) The verification of
abstinence must show that the person has abstained from the use of alcohol and
controlled substances for a period of not less than:

(1) three years, for a person whose
driver's license was canceled or denied for an offense occurring within ten years
of the first of two qualified prior impaired driving incidents, or occurring
after three qualified prior impaired driving incidents;

(2) four years, for a person whose
driver's license was canceled or denied for an offense occurring within ten
years of the first of three qualified prior impaired driving incidents; or

(3) six years, for a person whose driver's
license was canceled or denied for an offense occurring after four or more
qualified prior impaired driving incidents.

(c) The commissioner shall establish
performance standards and a process for certifying chemical monitoring devices.The standards and procedures are not rules
and are exempt from chapter 14, including section 14.386.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subd. 4a.Driving
after a DWI-related suspension, revocation, or cancellation; misdemeanor.(a) Except as otherwise provided in
subdivision 5, a person is guilty of a misdemeanor if:

(1) the person's driver's license or
driving privilege has been suspended, revoked, or canceled under section
169A.52, 169A.54, or 171.177;

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(2)
the person has been given notice of or reasonably should know of the
suspension, revocation, or cancellation; and

(3) the person disobeys the order by
operating in this state any motor vehicle, the operation of which requires a
driver's license, while the person's license or privilege is suspended,
revoked, or canceled.

(b) Notwithstanding section 609.101,
subdivision 4, the Judicial Council may not add a violation of this subdivision
to the Statewide Payables List.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

(iv)(vi) subdivision 2, if
the person does not have a qualified prior impaired driving incident as defined
in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit;
or

(b) The following conditions for a limited
license under paragraph (a) include:

(1) if the driver's livelihood or
attendance at a chemical dependency treatment or counseling program depends
upon the use of the driver's license;

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(2)
if the use of a driver's license by a homemaker is necessary to prevent the
substantial disruption of the education, medical, or nutritional needs of the
family of the homemaker; or

(3) if attendance at a postsecondary
institution of education by an enrolled student of that institution depends
upon the use of the driver's license.

(c) The commissioner in issuing a limited
license may impose such conditions and limitations as in the commissioner's
judgment are necessary to the interests of the public safety and welfare
including reexamination as to the driver's qualifications.The license may be limited to the operation
of particular vehicles, to particular classes and times of operation, and to
particular conditions of traffic.The
commissioner may require that an applicant for a limited license affirmatively
demonstrate that use of public transportation or carpooling as an alternative
to a limited license would be a significant hardship.

(d) For purposes of this subdivision:

(1) "homemaker" refers to the
person primarily performing the domestic tasks in a household of residents
consisting of at least the person and the person's dependent child or other
dependents; and

(2) "twice the legal limit"
means an alcohol concentration of two times the limit specified in section
169A.20, subdivision 1, clause (5).

(e) The limited license issued by the
commissioner shall clearly indicate the limitations imposed and the driver
operating under the limited license shall have the license in possession at all
times when operating as a driver.

(f) In determining whether to issue a
limited license, the commissioner shall consider the number and the seriousness
of prior convictions and the entire driving record of the driver and shall
consider the number of miles driven by the driver annually.

(g) If the person's driver's license or
permit to drive has been revoked under section 169.792 or 169.797, the
commissioner may only issue a limited license to the person after the person
has presented an insurance identification card, policy, or written statement
indicating that the driver or owner has insurance coverage satisfactory to the
commissioner of public safety.The
commissioner of public safety may require the insurance identification card
provided to satisfy this subdivision be certified by the insurance company to
be noncancelable for a period not to exceed 12 months.

(h) The limited license issued by the
commissioner to a person under section 171.186, subdivision 4, must expire 90
days after the date it is issued.The
commissioner must not issue a limited license to a person who previously has
been issued a limited license under section 171.186, subdivision 4.

(i) The commissioner shall not issue a
limited driver's license to any person described in section 171.04, subdivision
1, clause (6), (7), (8), (11), or (14).

Subd. 2a.Other
waiting periods.Notwithstanding
subdivision 2, a limited license shall not be issued for a period of:

(1) 15 days, to a person whose license or
privilege has been revoked or suspended for a first violation of section
169A.20, sections 169A.50 to 169A.53, section 171.177, or a statute or
ordinance from another state in conformity with eitherany of
those sections; or

(2) 90 days, to a person who submitted
to testing under sections 169A.50 to 169A.53, section 171.177, or a statute or
ordinance from another state in conformity with any of those sections, if the
person's license or privilege has been revoked or suspended for a violation of
section 169A.20, subdivision 1, clause (2), (3), (4), or (7), occurring within
ten years of a qualified prior impaired driving incident, or after two
qualified prior impaired driving incidents, for violations of section 169A.20,
sections 169A.50 to 169A.53, section 171.177, or a statute or ordinance from
another state in conformity with any of those sections; or

(3) 180 days, to a person who refused
testing under sections 169A.50 to 169A.53, section 171.177, or a statute or
ordinance from another state in conformity with any of those sections, if the
person's license or privilege has been revoked or suspended for a violation of
section 169A.20, subdivision 1, clause (2), (3), (4), or (7), occurring within
ten years of a qualified prior impaired driving incident, or after two
qualified prior impaired driving incidents, for violations of section 169A.20,
sections 169A.50 to 169A.53, section 171.177, or a statute or ordinance from
another state in conformity with any of those sections; or

(4) one year, to a person whose
license or privilege has been revoked or suspended for committing manslaughter
resulting from the operation of a motor vehicle, committing criminal vehicular
homicide or injury under section 609.21609.2112, subdivision 1,
clause (1), (2), item (ii), (5), (6), (7), or (8), committing criminal
vehicular homicide under section 609.21609.2112, subdivision 1,
clause (2), item (i) or (iii), (3), or (4), or violating a statute or ordinance
from another state in conformity with either of those offenses.

EFFECTIVE
DATE.This section is
effective August 1, 2018, and applies to offenses committed on or after that
date.

Subdivision
1.Definitions.(a) As used in this section, the terms in
this subdivision have the meanings given them.

(b) "Ignition interlock device"
or "device" means equipment that is designed to measure breath
alcohol concentration and to prevent a motor vehicle's ignition from being
started by a person whose breath alcohol concentration measures 0.02 or higher
on the equipment.

(c) "Location tracking capabilities"
means the ability of an electronic or wireless device to identify and transmit
its geographic location through the operation of the device.

(d) "Program participant" means
a person who has qualified to take part in the ignition interlock program under
this section, and whose driver's license has been:

Subd. 2.Performance standards; certification;
manufacturer and provider requirements.(a)
The commissioner shall establish performance standards and a process for
certifying devices used in the ignition interlock program, except that the
commissioner may not establish standards that, directly or indirectly, require
devices to use or enable location tracking capabilities without a court order.

(b) The manufacturer of a device must apply annually for
certification of the device by submitting the form prescribed by the
commissioner.The commissioner shall
require manufacturers of certified devices to:

(1) provide device installation, servicing, and monitoring
to indigent program participants at a discounted rate, according to the
standards established by the commissioner; and

(2) include in an ignition interlock device contract a
provision that a program participant who voluntarily terminates participation
in the program is only liable for servicing and monitoring costs incurred
during the time the device is installed on the motor vehicle, regardless of
whether the term of the contract has expired; and

(3) include in an ignition interlock device contract a
provision that requires manufacturers of certified devices to pay any towing or
repair costs caused by device failure or malfunction, or by damage caused
during device installation, servicing, or monitoring.

(c) The manufacturer of a certified device must include
with an ignition interlock device contract a separate notice to the program
participant regarding any location tracking capabilities of the device."

With the recommendation that when so
amended the bill be re-referred to the Committee on Ways and Means.

The
report was adopted.

Nornes from the Committee on Higher
Education and Career Readiness Policy and Finance to which was referred:

H. F. No. 3638, A bill for
an act relating to higher education; appropriating money to the Board of
Trustees of the Minnesota State Colleges and Universities.

Reported the same back with the following
amendments:

Delete everything after the enacting
clause and insert:

"ARTICLE
1

APPROPRIATIONS

Section 1.HIGHER
EDUCATION APPROPRIATIONS.

The
sums shown in the columns marked "Appropriations" are added to the
appropriations in Laws 2017, chapter 89, article 1, unless otherwise
specified, to the agencies and for the purposes specified in this article.The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for
each purpose.The figures
"2018" and "2019" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June
30, 2018, or June 30, 2019, respectively."The first year" is fiscal year 2018."The second year" is fiscal year
2019."The biennium" is fiscal
years 2018 and 2019.

APPROPRIATIONS

Available for the
Year

Ending June 30

2018

2019

Sec. 2.MINNESOTA
OFFICE OF HIGHER EDUCATION

Subdivision 1.Total
Appropriation

$-0-

$500,000

The amounts that may be spent for each
purpose are specified in the following subdivisions.

Subd. 2.State
Grants

-0-

350,000

This is a onetime appropriation.

Journal of the House - 83rd Day
- Thursday, April 19, 2018 - Top of Page 8255

Subd. 3.Agricultural
Educators Loan Forgiveness

-0-

100,000

For transfer to the agricultural education
loan forgiveness account in the special revenue fund under Minnesota Statutes,
section 136A.1794, subdivision 2.This
is a onetime appropriation.

Subd. 3.Student
Loan Debt Counseling

-0-

50,000

For a student loan debt counseling grant
under Minnesota Statutes, section 136A.1705.This is a onetime appropriation.

Sec. 3.BOARD
OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES

Subdivision 1.Total
Appropriation

$-0-

$5,500,000

The amounts that may be spent for each
purpose are specified in the following subdivisions.

Subd. 2.Operations
and Maintenance

-0-

5,500,000

(a) This appropriation includes $5,000,000
in fiscal year 2019 for cyber security programs at Metropolitan State
University.This is a onetime
appropriation.

(b) This appropriation includes $500,000
in fiscal year 2019 for renewal of workforce development scholarships first
awarded in academic year 2018-2019 under Minnesota Statutes, section 136F.38.This is a onetime appropriation and is
available until June 30, 2020.

Journal
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(6)
preventing campus authorities from suggesting to a victim of sexual assault
that the victim is at fault for the crimes or violations that occurred;

(7) preventing campus authorities from
suggesting to a victim of sexual assault that the victim should have acted in a
different manner to avoid such a crime;

(8) subject to subdivision 10, protecting
the privacy of sexual assault victims by only disclosing data collected under
this section to the victim, persons whose work assignments reasonably require
access, and, at a sexual assault victim's request, police conducting a criminal
investigation;

(9) an investigation and resolution of a
sexual assault complaint by campus disciplinary authorities;

(10) a sexual assault victim's participation
in and the presence of the victim's attorney or other support person who is not
a fact witness to the sexual assault at any meeting with campus officials
concerning the victim's sexual assault complaint or campus disciplinary
proceeding concerning a sexual assault complaint;

(11) ensuring that a sexual assault victim
may decide when to repeat a description of the incident of sexual assault;

(12) notice to a sexual assault victim of
the availability of a campus or local program providing sexual assault advocacy
services and information on legal resources;

(13) notice to a sexual assault victim of
the outcome of any campus disciplinary proceeding concerning a sexual assault
complaint, consistent with laws relating to data practices;

(14) the complete and prompt assistance of
campus authorities, at the direction of law enforcement authorities, in
obtaining, securing, and maintaining evidence in connection with a sexual
assault incident;

(15) the assistance of campus authorities
in preserving for a sexual assault complainant or victim materials relevant to
a campus disciplinary proceeding;

(16) during and after the process of
investigating a complaint and conducting a campus disciplinary procedure, the
assistance of campus personnel, in cooperation with the appropriate law
enforcement authorities, at a sexual assault victim's request, in shielding the
victim from unwanted contact with the alleged assailant, including transfer of
the victim to alternative classes or to alternative college-owned housing, if
alternative classes or housing are available and feasible;

(17) forbidding retaliation, and
establishing a process for investigating complaints of retaliation, against
sexual assault victims by campus authorities, the accused, organizations
affiliated with the accused, other students, and other employees;

(18) at the request of the victim,
providing students who reported sexual assaults to the institution and
subsequently choose to transfer to another postsecondary institution with
information about resources for victims of sexual assault at the institution to
which the victim is transferring; and

(19) consistent with laws governing access
to student records, providing a student who reported an incident of sexual
assault with access to the student's description of the incident as it was
reported to the institution, including if that student transfers to another
postsecondary institution.

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Subd. 6.Data
collection and reporting.(a)
Postsecondary institutions must annually report statistics on sexual assault.This report must be prepared in addition to
any federally required reporting on campus security, including reports required
by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
Statistics Act, United States Code, title 20, section 1092(f).The report must include, but not be limited
to, the number of incidents of sexual assault reported to the institution in
the previous calendar year, as follows:

(1) the number that were investigated by
the institution;

(2) the number that were referred for a
disciplinary proceeding at the institution;

(3) the number the victim chose to report
to local or state law enforcement;

(4) the number for which a campus
disciplinary proceeding is pending, but has not reached a final resolution;

(5) the number in which the alleged
perpetrator was found responsible by the disciplinary proceeding at the
institution;

(6) the number that resulted in any action
by the institution greater than a warning issued to the accused;

(7) the number that resulted in a
disciplinary proceeding at the institution that closed without resolution;

(8) the number that resulted in a
disciplinary proceeding at the institution that closed without resolution
because the accused withdrew from the institution;

(9) the number that resulted in a
disciplinary proceeding at the institution that closed without resolution
because the victim chose not to participate in the procedure; and

(10) the number of reports made through the
online reporting system established in subdivision 5, excluding reports
submitted anonymously.

(b) If an institution previously submitted
a report indicating that one or more disciplinary proceedings was pending, but
had not reached a final resolution, and one or more of those disciplinary
proceedings reached a final resolution within the previous calendar year, that
institution must submit updated totals from the previous year that reflect the
outcome of the pending case or cases.

(c) The reports required by this
subdivision must be submitted to the Office of Higher Education by October 1 of
each year.Each report must contain the
data required under paragraphs (a) and (b) from the previous calendar year.

(d) The commissioner of the Office of
Higher Education shall calculate statewide numbers for each data item reported
by an institution under this subdivision.The statewide numbers must include data from postsecondary institutions
that the commissioner could not publish due to federal laws governing access to
student records.

(e) The Office of Higher Education shall
publish on its Web site:

(1) the statewide data calculated under
paragraph (d); and

(2) the data items required under
paragraphs (a) and (b) for each postsecondary institution in the state.

Each postsecondary
institution shall publish on the institution's Web site the data items required
under paragraphs (a) and (b) for that institution.

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(f)
Reports and data required under this subdivision must be prepared and published
as summary data, as defined in section 13.02, subdivision 19, and must be
consistent with applicable law governing access to educational data.If an institution or the Office of Higher
Education does not publish data because of applicable law, the publication must
explain why data are not included.

(g) By October 1 of each year, the
Board of Regents of the University of Minnesota must submit a report to the
chairs and ranking minority members of the legislative committees with jurisdiction
over higher education policy and finance.In addition to the data on sexual assault incidents described in
paragraph (a), the report must include equivalent data on incidents of sexual
harassment, as defined in the board's policy on sexual harassment.The report is subject to the requirements of
paragraph (f).

Sec. 3.[136A.1705]
STUDENT LOAN DEBT COUNSELING.

Subdivision 1.Grant.(a) A program is established under the
Office of Higher Education to provide a grant to a Minnesota-based nonprofit
qualified debt counseling organization to provide individual student loan debt
repayment counseling to borrowers who are Minnesota residents concerning loans
obtained to attend a postsecondary institution.The number of individuals receiving counseling may be limited to those
capable of being served with available appropriations for that purpose.A goal of the counseling program is to
provide two counseling sessions to at least 75 percent of borrowers receiving
counseling.

(b) The purpose of the counseling is to
assist borrowers to:

(1) understand their loan and repayment
options;

(2) manage loan repayment; and

(3) develop a workable budget based on
the borrower's full financial situation regarding income, expenses, and other
debt.

(3) is based in Minnesota and has
offices at multiple rural and metropolitan area locations in the state to
provide in-person counseling.

Subd. 3.Grant
application and award.(a)
Applications for a grant shall be on a form created by the commissioner and on
a schedule set by the commissioner.Among
other provisions, the application must include a description of:

(1) the characteristics of borrowers to
be served;

(2) the services to be provided and a
timeline for implementation of the services;

(3) how the services provided will help
borrowers manage loan repayment;

(4) specific program outcome goals and
performance measures for each goal; and

(5) how the services will be evaluated
to determine whether the program goals were met.

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(b)
The commissioner shall select one grant recipient for a two-year award every
two years.A grant may be renewed
biennially.

Subd. 4.Program
evaluation.(a) The grant
recipient must submit a report to the commissioner by January 15 of the second
year of the grant award.The report must
evaluate and measure the extent to which program outcome goals have been met.

(b) The grant recipient must collect,
analyze, and report on participation and outcome data that enable the office to
verify the outcomes.

(c) The evaluation must include information
on the number of borrowers served with on-time student loan payments, the
numbers who brought their loans into good standing, the number of student loan
defaults, the number who developed a monthly budget plan, and other information
required by the commissioner.Recipients
of the counseling must be surveyed on their opinions about the usefulness of
the counseling and the survey results must be included in the report.

Subd. 5.Report
to legislature.By February 1
of the second year of each grant award, the commissioner must submit a report
to the committees in the legislature with jurisdiction over higher education
finance regarding grant program outcomes.

Subd. 3.Account.A spinal cord injury and traumatic
brain injury research grant account is created in the special revenue fund in
the state treasury.The commissioner
shall deposit into the account appropriations made for the purposes of this
section.Money in the account is
appropriated to the commissioner for the purposes for which it was
appropriated.

Subdivision 1.Establishment.A Regent Candidate Advisory CouncilLegislative Commission on Regent Selection is established to assist in
determining criteria for, and identifying and recruiting qualified candidates
for membership on the Board of Regents and making recommendations to the joint
legislative committee described in section 137.0246, subdivision 2.

Subd. 2.Membership.(a) The Regent Candidate
Advisory Council shall consistLegislative Commission on Regent
Selection consists of:24
members.Twelve members shall be
appointed by the Subcommittee on Committees of the Committee on Rules and
Administration of the senate.Twelve
members shall be appointed by the speaker of the house.Each appointing authority must appoint one
member who is a student enrolled in a degree program at the University of
Minnesota at the time of appointment.No
more than one-third of the members appointed by each appointing authority may
be current or former legislators.No
more than two-thirds of the members appointed by each appointing authority may
belong to the same political party; however, political activity or affiliation
is not required for the appointment of any member.Geographical representation must be taken
into consideration when making appointments.Section 15.0575 shall govern the advisory council, except that:

(1) the members shall be appointed to
six-year terms with one-third appointed each even-numbered year; and

(2) student members are appointed to
two-year terms with two students appointed each even-numbered year.

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A
member may not serve more than two full terms.

(1) four members of the house of
representatives, two of whom are appointed by the speaker of the house and two
of whom are appointed by the minority leader; and

(2) four members of the senate, two of
whom are appointed by the majority leader and two of whom are appointed by the
minority leader.

(b) Members serve at the pleasure of
the appointing authority.The first
appointments must be made by September 1, 2018.

(c) A chair of the commission serves a
two-year term, expiring on June 30 in an even-numbered year.The chair must alternate biennially between a
designee of the speaker of the house and a designee of the senate majority
leader.Only a member of the commission
may be designated as the chair.The
speaker of the house shall designate the first chair.The chair may vote on any matter before the
commission.

Subd. 3.Duties.(a) The advisory councilcommission
shall:

(1) develop, in consultation with current
and former regents, the University of Minnesota Alumni Association, and
the administration of the University of Minnesota, a statement of the selection
criteria to be applied and a description of the responsibilities and duties of
a regent, and shall distribute this to potential candidates; and

(2) for each position on the board,
identify and recruit qualified candidates for the Board of Regents, based on
the background and experience of the candidates, their potential for
discharging the responsibilities of a member of the Board of Regents, and the
needs of the board.The selection
criteria must not include a limitation on the number of terms an individual may
serve on the Board of Regents.

(b) The selection criteria developed under
paragraph (a), clause (1), must include a criterion that regents represent
diversity in geography; gender; race; occupation, including business and labor;
and experience.

(c) The selection criterion must include
an identification of the membership needs of the board for individual skills
relevant to the governance of the University of Minnesota and the needs for
certain individual characteristics.Individual
characteristics relate to qualities such as gender, race, and geographic
location of residence.

Subd. 4. Recommendations.(a) The advisory councilcommission
shall recommend at least twoone and not more than fourthree
candidates for each vacancy.By
January 15 of each odd-numbered year, the advisory councilcommission
shall submit its recommendations to the joint legislative committee described
in section 137.0246, subdivision 2.

(b) The advisory councilcommission
must submit a report to the joint committee on the needs criterion identified
under subdivision 3, paragraph (c), at the same time it submits its
recommendations.

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Sec. 6.Minnesota Statutes 2016, section 137.0246, is
amended to read:

137.0246
REGENT NOMINATION AND ELECTION.

Subd. 2.Regent
nomination joint committee.(a) The
joint legislative committee consists of the members of the higher education
budget and policy divisions in each house of the legislature.The chairs of the divisions from each body
shall be cochairs of the joint legislative committee.A majority of the members from each house is
a quorum of the joint committee.

(b) By February 28 of each odd-numbered
year, or at a date agreed to by concurrent resolution, the joint legislative
committee shall meet to consider the advisory council'sLegislative
Commission on Regent Selection's recommendations for regent of the
University of Minnesota for possible presentation to a joint convention of the
legislature.

(c) The joint committee may recommend to the
joint convention candidates recommended by the advisory councilLegislative
Commission on Regent Selection and the other candidates nominated by the
joint committee.A candidate other than
those recommended by the advisory councilLegislative Commission on
Regent Selection may be nominated for consideration by the joint committee
only if the nomination receives the support of at least three house of
representatives members of the committee and two senate members of the
committee.A candidate must receive a
majority vote of members from the house of representatives and from the senate
on the joint committee to be recommended to the joint convention.The joint committee may recommend no more
than one candidate for each vacancy.In
recommending nominees, the joint committee must consider the needs of the board
of regents and the balance of the board membership with respect to gender,
racial, and ethnic composition.

The commissioner may use no more than three
percent of this appropriation to administer the grant program under this
subdivision.

Sec. 9.AFFORDABLE
TEXTBOOK PLAN AND REPORT.

The Board of Trustees of the Minnesota
State Colleges and Universities shall develop a plan to increase the use of affordable
textbooks and instructional materials.The
board must explore and study registration software or other systems and methods
to disclose or display the cost of all textbooks and instructional materials
required for a course at or prior to course registration.The plan must describe the systems or methods
examined and the results of the study.The
plan must establish a goal for the percentage of all courses offered at state
colleges and universities that will use affordable textbooks and instructional
materials.The plan must identify and
describe key terms, including "affordable
textbook," "instructional material," and
"course."The board must
submit the plan to the chairs and ranking minority members of the legislative
committees with jurisdiction over higher education by January 15, 2020.

The Board of Regents of the University
of Minnesota is requested to amend its sexual misconduct policies to:

(1) provide a process for accused
university employees and their victims to appeal findings of the university's
Office of Equal Opportunity and Affirmative Action before an impartial decision
maker; and

(2) require the office, at the
conclusion of a sexual misconduct investigation, to provide notice to accused
university employees and their victims of any appeal rights.

Subd. 2.Powers
and duties; report.(a) The
partnership shall develop recommendations to the governor and the legislature
designed to maximize the achievement of all P-20 students while promoting the
efficient use of state resources, thereby helping the state realize the maximum
value for its investment.These
recommendations may include, but are not limited to, strategies, policies, or
other actions focused on:

(1) improving the quality of and access to
education at all points from preschool through graduate education;

(3) ensuring educator quality by creating
rigorous standards for teacher recruitment, teacher preparation, induction and
mentoring of beginning teachers, and continuous professional development for
career teachers; and

(4) realigning the governance and
administrative structures of early education, kindergarten through grade 12,
and postsecondary systems in Minnesota.

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(b)
Under the direction of the P-20 Education Partnership Statewide Longitudinal
Education Data System Governance Committee, the Office of Higher Education and
the Departments of Education and Employment and Economic Development shall
improve and expand the Statewide Longitudinal Education Data System (SLEDS) to
provide policymakers, education and workforce leaders, researchers, and members
of the public with data, research, and reports to:

(1) expand reporting on students'
educational outcomes for diverse student populations including at-risk
students, children with disabilities, English learners, and gifted students,
among others, and include formative and summative evaluations based on multiple
measures of child well-being, early childhood development, and student
progress toward career and college readiness;

(2) evaluate the effectiveness of (i)
investments in young children and families and (ii) educational and
workforce programs; and

(3) evaluate the relationship between (i)
investments in young children and families and (ii) education and workforce
outcomes, consistent with section 124D.49.

To the extent possible under federal and
state law, research and reports should be accessible to the public on the
Internet, and disaggregated by demographic characteristics, organization or
organization characteristics, and geography.

It is the intent of the legislature that
the Statewide Longitudinal Education Data System inform public policy and
decision-making.The SLEDS governance
committee, with assistance from staff of the Office of Higher Education, the
Department of Education, and the Department of Employment and Economic
Development, shall respond to legislative committee and agency requests on
topics utilizing data made available through the Statewide Longitudinal Education
Data System as resources permit.Any
analysis of or report on the data must contain only summary data.

(c) By January 15 of each year, the
partnership shall submit a report to the governor and to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction
over P-20 education policy and finance that summarizes the partnership's
progress in meeting its goals and identifies the need for any draft legislation
when necessary to further the goals of the partnership to maximize student
achievement while promoting efficient use of resources.

Subd. 2.Eligibility.To be eligible for a grant under this
section, a teacher candidate must:

(1) be enrolled in a Professional Educator
Licensing and Standards Board-approved teacher preparation program that
requires at least 12 weeks of student teaching in order to be recommended for a
full professional teaching license;

(2) demonstrate financial need based on
criteria established by the commissioner under subdivision 3;

(3) intend to teach in a shortage area
or belong to an underrepresented racial or ethnic groupbe meeting
satisfactory academic progress as defined under section 136A.101, subdivision
10; and

(4) be meeting satisfactory academic
progress as defined under section 136A.101, subdivision 10intend to
teach in a shortage area or belong to an underrepresented racial or ethnic
group.Intent can be documented based on
the teacher license field the student is pursuing or a statement of intent to
teach in an economic development region defined as a shortage area in the year
the student receives a grant.

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Subd. 3.Administration;
repayment.(a) The commissioner must
establish an application process and other guidelines for implementing this
program, including repayment responsibilities for stipend recipients who do
not complete student teaching or who leave Minnesota to teach in another state
during the first year after student teaching.

(b) The commissioner must determine each
academic year the stipend amount up to $7,500 based on the amount of available
funding, the number of eligible applicants, and the financial need of the
applicants.

(c) The percentage of the total award funds
available at the beginning of the fiscal year reserved for teacher
candidates who identify as belonging to an underrepresenteda
racial or ethnic group underrepresented in the Minnesota teacher workforce
must be equal to or greater than the total percentage of students of underrepresented
racial or ethnic groups underrepresented in the Minnesota teacher workforce
as measured under section 120B.35, subdivision 3.If this percentage cannot be met because of a
lack of qualifying candidates, the remaining amount may be awarded to teacher
candidates who intend to teach in a shortage area.

Subd. 8.Eligible
student."Eligible
student" means a student who is officially registered or accepted for
enrollment at an eligible institution in Minnesota or a Minnesota resident who
is officially registered as a student or accepted for enrollment at an eligible
institution in another state or province.Non-Minnesota residents are eligible
students if they are enrolled or accepted for enrollment in a minimum of one
course of at least 30 days in length during the academic year that requires
physical attendance at an eligible institution located in Minnesota.Non‑Minnesota resident students
enrolled exclusively during the academic year in correspondence courses or
courses offered over the Internet are not eligible students.Non-Minnesota resident students not
physically attending classes in Minnesota due to enrollment in a study abroad
program for 12 months or less are eligible students.Non‑Minnesota residents enrolled in
study abroad programs exceeding 12 months are not eligible students.An eligible student, for section 136A.1701,
means a student who gives informed consent authorizing the disclosure of data
specified in section 136A.162, paragraph (c), to a consumer credit reporting
agency.

Subdivision 1.Designation.Notwithstanding chapter 16C, the office
is designated as the administrative agency for carrying out the purposes and
terms of sections 136A.15 to 136A.1702136A.1704.The office may establish one or more loan
programs.

Subd. 2.Rules,
policies, and conditions.The
office shall adopt policies and may prescribe appropriate rules and
conditions to carry out the purposes of sections 136A.15 to 136A.1702.The policies and rules except as they
relate to loans under section 136A.1701 must be compatible with the provisions
of the National Vocational Student Loan Insurance Act of 1965 and the
provisions of title IV of the Higher Education Act of 1965, and any amendments
thereof.

Subd. 8.Investment.Money made available to the office that
is not immediately needed for the purposes of sections 136A.15 to 136A.1702136A.1704 may be invested by the office.The money must be invested in bonds, certificates of indebtedness, and other
fixed income securities, except preferred stocks, which are legal investments
for the permanent school fund.The money
may also be invested in prime quality commercial paper that is eligible for
investment in the state employees retirement fund.All interest and profits from such
investments inure to the benefit of the office or may be pledged for security
of bonds issued by the office or its predecessors.

Subd. 9.Staff.The office may employ the professional
and clerical staff the commissioner deems necessary for the proper
administration of the loan programs established and defined by sections 136A.15
to 136A.1702136A.1704.

(a) Except as provided in paragraphs (b)
and (c), data on applicants for financial assistance collected and used by the
office for student financial aid programs administered by that office are
private data on individuals as defined in section 13.02, subdivision 12.

(b) Data on applicants may be disclosed to
the commissioner of human services to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5).

(c) The following data collected in the
Minnesota supplemental loan program under sectionsections
136A.1701 and 136A.1704 may be disclosed to a consumer credit reporting
agency only if the borrower and the cosigner give informed consent, according
to section 13.05, subdivision 4, at the time of application for a loan:

(1) the lender-assigned borrower
identification number;

(2) the name and address of borrower;

(3) the name and address of cosigner;

(4) the date the account is opened;

(5) the outstanding account balance;

(6) the dollar amount past due;

(7) the number of payments past due;

(8) the number of late payments in
previous 12 months;

(9) the type of account;

(10) the responsibility for the account;
and

(11) the status or remarks code.

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Subd. 7.Repayment
of loans.(a) The office
shall establish repayment procedures for loans made under this section, but
in no event shall the period of permitted repayment for SELF II or SELF III
loans exceed ten years from the eligible student's termination of the student's
postsecondary academic or vocational program, or 15 years from the date of the
student's first loan under this section, whichever is lessin accordance
with the policies, rules, and conditions authorized under section 136A.16,
subdivision 2.The office will take into
consideration the loan limits and current financial market conditions when
establishing repayment terms.

(b) For SELF IV loans, eligible
students with aggregate principal loan balances from all SELF phases that are
less than $18,750 shall have a repayment period not exceeding ten years from
the eligible student's graduation or termination date.For SELF IV loans, eligible students with
aggregate principal loan balances from all SELF phases of $18,750 or greater
shall have a repayment period not exceeding 15 years from the eligible
student's graduation or termination date.For SELF IV loans, the loans shall enter repayment no later than seven
years after the first disbursement date on the loan.

(c) For SELF loans from phases after
SELF IV, eligible students with aggregate principal loan balances from all SELF
phases that are:

(1) less than $20,000, must have a
repayment period not exceeding ten years from the eligible student's graduation
or termination date;

(2) $20,000 up to $40,000, must have a
repayment period not exceeding 15 years from the eligible student's graduation
or termination date; and

(3) $40,000 or greater, must have a
repayment period not exceeding 20 years from the eligible student's graduation
or termination date.For SELF loans from
phases after SELF IV, the loans must enter repayment no later than nine years
after the first disbursement date of the loan.

(a) The office shall notify the
chairs of the legislative committees with primary jurisdiction over higher
education finance of any proposed material change to any of its student loan
programs, including loan refinancing under section 136A.1704, prior to making
the change.

(b) By December 1 of each year, the
commissioner shall submit a report to the chairs and ranking minority members
of the senate and house of representatives committees having jurisdiction over
the Office of Higher Education regarding the balance of the following accounts
in the special revenue fund:

Subd. 2.Creation
of account.(a) An aviation degree
loan forgiveness program account is established in the special revenue fund
to provide qualified pilots and qualified aircraft technicians with financial
assistance in repaying qualified education loans.The commissioner must use money from the
account to establish and administer the aviation degree loan forgiveness
program.

(b) Appropriations made to the aviation
degree loan forgiveness program account do not cancel and are available until
expended.

Subd. 8.FundAccount established.A
teacher shortage loan forgiveness repayment fundaccount is
created in the special revenue fund for depositing money appropriated to
or received by the commissioner for the program.Money deposited in the fund shall not revert
to any state fund at the end of any fiscal year but remains in the loan
forgiveness repayment fund and is continuously available for loan forgiveness
under this section.

Subd. 2.Establishment;
administration.(a) The commissioner
shall establish and administer a loan forgiveness program for large animal
veterinarians who:

(1) agree to practice in designated rural
areas that are considered underserved; and

(2) work full time in a practice that is
at least 50 percent involved with the care of food animals.

(b) A large animal veterinarian loan
forgiveness program account is established in the special revenue fund.The commissioner must use money from the
account to establish and administer the program under this section.Appropriations to the commissioner for the
program are for transfer to the fund.

(c) Appropriations made to the
program do not cancel and are available until expended.

(a) New schools that have been granted
conditional approval for degrees or names to allow them the opportunity to
apply for and receive accreditation under section 136A.65, subdivision 7, orshall provide a surety bond in a sum equal to ten percent of the net revenue
from tuition and fees in the registered institution's prior fiscal year, but in
no case shall the bond be less than $10,000.

(b) Any registered institution that
is notified by the United States Department of Education that it has fallen
below minimum financial standards and that its continued participation in Title
IV will be conditioned upon its satisfying either the Zone Alternative, Code of
Federal Regulations, title 34, section 668.175, paragraph (f), or a Letter of
Credit Alternative, Code of Federal Regulations, title 34, section 668.175,
paragraph (c), shall provide a surety bond in a sum equal to the "letter
of credit" required by the United States Department of Education in the
Letter of Credit Alternative, but in no event shall such bond be less than
$10,000 nor more than $250,000.In
the event the letter of credit required by the United States Department of
Education is higher than ten percent of the Title IV, Higher Education Act
program funds received by the institution during its most recently completed
fiscal

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year,
the office shall reduce the office's surety requirement to represent ten
percent of the Title IV, Higher Education Act program funds received by the
institution during its most recently completed fiscal year, subject to the
minimum and maximum in this paragraph.

(b)(c) In lieu of a bond,
the applicant may deposit with the commissioner of management and budget:

(1) a sum equal to the amount of the
required surety bond in cash;

(2) securities, as may be legally
purchased by savings banks or for trust funds, in an aggregate market value
equal to the amount of the required surety bond; or

(3) an irrevocable letter of credit issued
by a financial institution to the amount of the required surety bond.

(c)(d) The surety of any
bond may cancel it upon giving 60 days' notice in writing to the office and
shall be relieved of liability for any breach of condition occurring after the
effective date of cancellation.

(d)(e) In the event of a
school closure, the additional security must first be used to destroy any
private educational data under section 13.32 left at a physical campus in
Minnesota after all other governmental agencies have recovered or retrieved
records under their record retention policies.Any remaining funds must then be used to reimburse tuition and fee costs
to students that were enrolled at the time of the closure or had withdrawn in
the previous 120 calendar days but did not graduate.Priority for refunds will be given to
students in the following order:

(1) cash payments made by the student or
on behalf of a student;

(2) private student loans; and

(3) Veteran Administration education
benefits that are not restored by the Veteran Administration.If there are additional security funds
remaining, the additional security funds may be used to cover any
administrative costs incurred by the office related to the closure of the
school.

Subd. 6.Bond.(a) No license shall be issued to any private
career school which maintains, conducts, solicits for, or advertises within the
state of Minnesota any program, unless the applicant files with the office a
continuous corporate surety bond written by a company authorized to do business
in Minnesota conditioned upon the faithful performance of all contracts and
agreements with students made by the applicant.

(b)(1) The amount of the surety bond shall
be ten percent of the preceding year's net incomerevenue from
student tuition, fees, and other required institutional charges collected, but
in no event less than $10,000, except that a private career school may deposit
a greater amount at its own discretion.A
private career school in each annual application for licensure must compute the
amount of the surety bond and verify that the amount of the surety bond
complies with this subdivision.A
private career school that operates at two or more locations may combine net incomerevenue from student tuition, fees, and other required institutional
charges collected for all locations for the purpose of determining the annual
surety bond requirement.The net revenue
from tuition and fees used to determine the amount of the surety bond
required for a private career school having a license for the sole purpose of
recruiting students in Minnesota shall be only that paid to the private career
school by the students recruited from Minnesota.

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(2)
A person required to obtain a private career school license due to the use of
"academy," "institute," "college," or "university"
in its name and which is also licensed by another state agency or board, except
not including those schools licensed exclusively in order to participate in
state grants or SELF loan financial aid programs, shall be required to provide
a school bond of $10,000.

(c) The bond shall run to the state of
Minnesota and to any person who may have a cause of action against the
applicant arising at any time after the bond is filed and before it is canceled
for breach of any contract or agreement made by the applicant with any student.The aggregate liability of the surety for all
breaches of the conditions of the bond shall not exceed the principal sum
deposited by the private career school under paragraph (b).The surety of any bond may cancel it upon
giving 60 days' notice in writing to the office and shall be relieved of
liability for any breach of condition occurring after the effective date of
cancellation.

(d) In lieu of bond, the applicant may
deposit with the commissioner of management and budget a sum equal to the
amount of the required surety bond in cash, an irrevocable letter of credit
issued by a financial institution equal to the amount of the required surety
bond, or securities as may be legally purchased by savings banks or for trust funds
in an aggregate market value equal to the amount of the required surety bond.

(e) Failure of a private career school to
post and maintain the required surety bond or deposit under paragraph (d) may
result in denial, suspension, or revocation of the school's license.

Subd. 10.Catalog,
brochure, or electronic display.Before
a license is issued to a private career school, the private career school shall
furnish to the office a catalog, brochure, or electronic display including:

(1) identifying data, such as volume number
and date of publication;

(2) name and address of the private career
school and its governing body and officials;

(3) a calendar of the private career school
showing legal holidays, beginning and ending dates of each course quarter,
term, or semester, and other important dates;

(4) the private career school policy and
regulations on enrollment including dates and specific entrance requirements for
each program;

(5) the private career school policy and
regulations about leave, absences, class cuts, make-up work, tardiness, and
interruptions for unsatisfactory attendance;

(6) the private career school policy and
regulations about standards of progress for the student including the grading
system of the private career school, the minimum grades considered
satisfactory, conditions for interruption for unsatisfactory grades or
progress, a description of any probationary period allowed by the private career
school, and conditions of reentrance for those dismissed for unsatisfactory
progress;

(7) the private career school policy and
regulations about student conduct and conditions for dismissal for
unsatisfactory conduct;

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(9)
the private career school policy and regulations, including an explanation of
section 136A.827, about refunding tuition, fees, and other charges if the
student does not enter the program, withdraws from the program, or the program
is discontinued;

(10) a description of the available
facilities and equipment;

(11) a course outline syllabus for each
course offered showing course objectives, subjects or units in the course, type
of work or skill to be learned, and approximate time, hours, or credits to be
spent on each subject or unit;

(12) the private career school policy and
regulations about granting credit for previous education and preparation;

(13) a notice to students relating to the
transferability of any credits earned at the private career school to other
institutions;

(14) a procedure for investigating and
resolving student complaints; and

(15) the name and address of the office;
and

(16) the student complaint process and
rights under section 136A.8295.

A private career school that is exclusively
a distance education school is exempt from clauses (3) and (5).

(a) This appropriation is for the Office of
Higher Education to allocate grant funds on a matching basis to schoolseligible
institutions as defined under Minnesota Statutes, section 136A.103, located in
Minnesota with a demonstrable homeless student population.

(b) This appropriation shall be used to meet
immediate student needs that could result in a student not completing the term
or their program including, but not limited to, emergency housing, food, and
transportation.Emergency assistance
does not impact the amount of state financial aid received.

(c) The commissioner shall determine the
application process and the grant amounts.Any balance in the first year does not cancel but shall be available in
the second year.The Office of Higher
Education shall partner with interested postsecondary institutions, other state
agencies, and student groups to establish the programs.

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Page 12, line 24, after the period, insert
"A notice of the PACE loan containing the legal description of the
property shall be recorded by the PACE administrator with the county recorder
or registrar of titles, as appropriate, within 30 days of the first date of
funding of the PACE loan."

Page 25, line 17, delete "taxes"
and insert "tax bill"

Page 29, line 17, delete the new language

Page 29, line 18, delete the new language

Page 29, line 24, after the first
"year" insert "or debts secured by a residential PACE lien,
as that term​ is defined under section 216C.435, subdivision 10d"

With the recommendation that when so
amended the bill be placed on the General Register.

The
report was adopted.

Anderson, S.,
from the Committee on State Government Finance to which was referred:

H. F. No. 4016, A bill for
an act relating to state government; requiring the commissioner of management
and budget to maintain a Web site that permits persons to make gifts to the
state online; amending Minnesota Statutes 2016, section 16A.013, by adding a
subdivision.

Reported the same back with the following
amendments:

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of the House - 83rd Day - Thursday, April 19, 2018 - Top of Page 8273

Delete
everything after the enacting clause and insert:

"ARTICLE
1

STATE
GOVERNMENT APPROPRIATIONS

Section 1.APPROPRIATIONS.

The sums shown in the columns marked
"Appropriations" are added to or, if shown in parentheses, subtracted
from the appropriations in Laws 2017, First Special Session chapter 4, article
1, to the agencies and for the purposes specified in this article.The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for
each purpose.The figures
"2018" and "2019" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June
30, 2018, or June 30, 2019, respectively.

APPROPRIATIONS

Available for the Year

Ending June 30

2018

2019

Sec. 2.LEGISLATURE

.......

314,000

These amounts are from the general fund
for the Legislative Coordinating Commission, as follows:

(1) $120,000 is for the transfer of responsibilities
related to the Pew-MacArthur Results First framework.The base for this appropriation is $177,000
in fiscal year 2020 and $185,000 in fiscal year 2021;

(2)
$104,000 is for digital preservation of legislative records by the Legislative
Reference Library.This is a onetime
appropriation; and

(3) $90,000 is for rent payments for the
Office of the Revisor of Statutes.This
is a onetime appropriation.

Sec. 3.ATTORNEY
GENERAL

$.......

$(1,000,000)

This is a general reduction to office
operations, subject to the requirements of section 14.

Sec. 4.SECRETARY
OF STATE

$.......

$1,754,000

Of these amounts:

(1) $220,000 is appropriated from the
political party accounts established in the special revenue fund under
Minnesota Statutes, section 10A.30, subdivision 2, for deposit in the Help
America Vote Act Account established under Minnesota Statutes, section 5.30.This amount is for purposes that constitute
the state match necessary to receive $6,595,610 in federal funds for cybersecurity

Journal of the
House - 83rd Day - Thursday, April 19, 2018 - Top of Page 8274

under
the Omnibus Appropriations Act of 2018, Public Law 115‑1410, and section
101 of the Help America Vote Act of 2002 under Public Law 107-252.This is a onetime appropriation; and

(2) $1,534,000 is appropriated from the
Help America Vote Act account established under Minnesota Statutes, section
5.30, for the purposes of modernizing, securing, and updating the statewide
voter registration system and for cybersecurity upgrades as authorized by
federal law.This is a onetime
appropriation and is available until June 30, 2020.

Sec. 5.ADMINISTRATIVE
HEARINGS

$.......

$525,000

These amounts are from the general fund
for the information policy analysis unit established in Minnesota Statutes,
section 13.071.

Sec. 6.ADMINISTRATION

$.......

$(1,243,000)

These amounts include reductions as
follows:

(1) the Office of Continuous Improvement
is reduced by $418,000;

(2) the State Historic Preservation Office
is reduced by $300,000 in fiscal year 2019.The base for this appropriation in fiscal years 2020 and 2021 is reduced
by $200,000 each year; and

(3) the Data Practices Office is reduced
by $525,000.

Sec. 7.MINNESOTA
MANAGEMENT AND BUDGET

$.......

$3,950,000

(a) $4,000,000 is from the amounts
transferred to the general fund from the stadium reserve account under section
16, to establish an office to investigate allegations of harassment,
misconduct, and discrimination, as provided in Minnesota Statutes, section
43A.385.Of these amounts:

(1) $2,591,000 is to establish the office,
to review and investigate claims, and to maintain, analyze, and report data as
required by Minnesota Statutes, section 43A.385, subdivisions 1 and 2;

(2) $255,000 is a onetime appropriation to
administer and evaluate an employee community survey as required by Minnesota
Statutes, section 43A.385, subdivision 3;

(3) $26,000 is to study, develop, and
maintain a complaint hotline, as provided by Minnesota Statutes, section
43A.385, subdivision 4;

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(4)
$316,000 is a onetime appropriation to establish an audit process to review
policies, procedures, and outcomes enterprise-wide, as provided by Minnesota
Statutes, section 43A.385, subdivision 5; and

No later than February 15, 2019, the
commissioner of management and budget must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
state government finance on the reduced human resources workload and other cost
savings realized by individual agencies due to the consolidation of these
activities in a single office.

The base for this appropriation is
$3,429,000 in fiscal year 2020 and thereafter.

(b) The department's fiscal year 2019
appropriation includes a reduction of $50,000 resulting from the transfer of
the Pew‑MacArthur Results First framework responsibilities to the
legislature.The department's base for
fiscal years 2020 and 2021 is reduced by $122,000 each year to reflect this
transfer.

(c) No later than December 31, 2018, the
commissioner must credit at least $500,000 to the general fund based on savings
realized through implementation of the employee gainsharing program required by
Minnesota Statutes, section 16A.90.If a
credit of at least this amount has not been made to the general fund as of that
date, the appropriation provided in this subdivision for fiscal year 2019 is
reduced in an amount equal to the difference between the amount actually
credited to the general fund and the total credit required by this paragraph.

Sec. 8.REVENUE

$.......

$(3,880,000)

(a) These amounts include a general
reduction to agency operations, subject to the requirements of section 14, of
$3,895,000.

(b) $15,000 is from the general fund for
preparing and submitting a supplemental 2018 tax incidence report meeting the
requirements of Minnesota Statutes, section 270C.13, subdivision 1, as amended
in article 2, section 59.The
supplemental report must be completed and submitted no later than January 2,
2019.

Sec. 9.HUMAN
RIGHTS

$.......

$(1,409,000)

These amounts may not be used to reduce
the operations or services of the department's regional office in St. Cloud.

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Sec. 10.MINNESOTA
HISTORICAL SOCIETY

$.......

$1,000,000

These amounts are from the general fund,
for digital preservation and access, including planning and implementation of a
program to preserve and make available resources related to Minnesota history.This is a onetime appropriation.

Sec. 11.MINNESOTA
HUMANITIES CENTER

$.......

$710,000

(a) $210,000 is from the general fund for
the Healthy Eating, Here at Home program under Minnesota Statutes, section
138.912.This is a onetime appropriation.No more than three percent of the
appropriation may be used for the nonprofit administration of this program.

(b) $250,000 is from the general fund for
a grant to Everybody Wins!-Minnesota, a Minnesota 501(c)(3) corporation, to
operate a reading program for Minnesota children.This is a onetime appropriation.

(c) $250,000 is from the general fund for
a grant to the Minnesota Council on Economic Education to provide staff
development to teachers for the implementation of the state graduation
standards in learning areas relating to economic education.This is a onetime appropriation and does not
cancel, but is available until expended.The commissioner of education, in consultation with the council, shall
develop expected results of staff development, eligibility criteria for
participants, an evaluation procedure, and guidelines for direct and in-kind
contributions by the council.

Sec. 12.BOARD
OF COSMETOLOGIST EXAMINERS

$.......

$(518,000)

This is a general reduction to board
operations, subject to the requirements of section 14.

Sec. 13.VETERANS
AFFAIRS

$.......

$26,000,000

(a) $26,000,000 in fiscal year 2019 is
from the amounts transferred to the general
fund from the stadium reserve account under section 16, for the
following:

(1) $10,000,000 is to design, construct,
furnish, and equip a veterans home in Preston;

(2) $6,000,000 is to design, construct,
furnish, and equip a veterans home in Montevideo; and

(3) $10,000,000 is to design, construct,
furnish, and equip a veterans home in Bemidji.

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(b)
These veterans homes are subject to the requirements of The People's Veterans
Homes Act, as provided in article 2, section 83.This is a onetime appropriation, and is
available until June 30, 2021.The
appropriations are not available until the commissioner of management and
budget, in consultation with the commissioner of veterans affairs, determines
that amounts sufficient to complete the projects are committed from nonstate
sources.

To the extent that appropriations
provided by this article reflect reductions in amounts appropriated under Laws
2017, First Special Session chapter 4, and the purpose for the reduction is not
otherwise specified, the affected constitutional office, agency, or board must
allocate the reduction across all program activities, prioritizing reductions
to central administration and general operations.Unless otherwise specified, reductions must
not be made to programs or services that are provided directly to members of
the public.

Sec. 15.EXECUTIVE
AGENCY APPROPRIATIONS; MNLARS TARGETED REDUCTIONS.

(a) By October 31, 2018, the
commissioner of management and budget must, with the approval of the governor
and after consulting the Legislative Advisory Commission, reduce general fund
appropriations for executive agency operating expenditures by $9,650,000 for
the biennium ending June 30, 2019.This
is a onetime reduction.In making
reductions, the commissioner must prioritize reductions to any increased
central operating or administrative expenses within an agency that resulted from
the enactment of operating adjustments for that agency for the biennium ending
June 30, 2019, compared to appropriations enacted for the agency for the
biennium ending June 30, 2017.The
commissioner must not reduce appropriations for client-facing health care,
corrections, public safety, mental health programs, or other services that are
provided directly to members of the public.

(b) By June 30, 2018, the commissioner
of management and budget must transfer $7,500,000 from the general fund to the
driver services operating account in the special revenue fund, and $2,150,000
to the vehicle services operating account in the special revenue fund.

(c) For purposes of this subdivision,
"executive agency" has the meaning given in Minnesota Statutes,
section 16A.011, subdivision 12, and includes constitutional officers.

$30,817,000 must be transferred to the
unrestricted general fund from the general reserve account established by the
commissioner of management and budget under Minnesota Statutes, section
297E.021, no later than June 30, 2019.This
is a onetime transfer.

Sec. 17.MN.IT
PRIORITIZATION OF CYBERSECURITY.

The state chief information officer
must prioritize the enhancement of cybersecurity across state government when
expending any appropriations or fund transfers provided to the Office of MN.IT
Services, including but not limited to those provided by Laws 2017, First
Special Session chapter 4, article 1, section 10, and amounts credited to the
information and telecommunications technology systems and services account
established under Minnesota Statutes, section 16E.21.

Journal of the House - 83rd Day -
Thursday, April 19, 2018 - Top of Page 8278

Subdivision 1.Political
subdivision definedDefinitions.As used in this section,:

(1) "declared emergency" has
the meaning given in section 12.03, subdivision 1e; and

(2) "political
subdivision" includes counties, home rule charter and statutory cities,
towns, townships, school districts, authorities, and other public corporations
and entities whether organized and existing under charter or general law.

Subd. 2.State
government.When, due to an
emergency resulting from the effects of enemy attack, or the anticipated
effects of a threatened enemy attacka declared emergency, it
becomes imprudent, inexpedient, or impossible to conduct the affairs of
state government in the city of St. Paul, Ramsey County, Minnesota, the
governor shall, as often as the exigencies of the situation require, by
proclamation, declare an emergency temporary location, or locations, for the
seat of government at a place, or places, in or out of the state as the
governor deems advisable under the circumstances, and shall take action and
issue orders as necessary for an orderly transition of the affairs of state government
to the emergency temporary location, or locations.To the extent practical, the governor's
orders must be consistent with the state comprehensive emergency operations
plan required by section 12.21, subdivision 3.The emergency temporary location, or
locations, shall remain the seat of government until the legislature by law
establishes a new location, or locations, or until the emergency is declared to
be ended by the governor and the seat of government is returned to its normal
location.

Sec. 3. [2.92]
DISTRICTING PRINCIPLES.

Subdivision 1.Applicability.The principles in this section apply
to legislative and congressional districts.

Subd. 2.Nesting.A representative district may not be
divided in the formation of a senate district.

Subd. 3.Equal
population.(a) Legislative
districts must be substantially equal in population.The population of a legislative district must
not deviate from the ideal by more than 0.5 percent, plus or minus.

(b) Congressional districts must be as
nearly equal in population as practicable.

Subd. 4.Contiguity;
compactness.The districts
must be composed of convenient contiguous territory.To the extent consistent with the other
principles in this section, districts should be compact.Contiguity by water is sufficient if the
water is not a serious obstacle to travel within the district.Point contiguity is not sufficient.

Subd. 5.Numbering.(a) Legislative districts must be
numbered in a regular series, beginning with house district 1A in the northwest
corner of the state and proceeding across the state from west to east, north to
south, but bypassing the 11-county metropolitan area until the southeast corner
has been reached; then to the 11-county metropolitan area.In a county that includes more than one whole
senate district, the districts must be numbered consecutively.

(b) Congressional district numbers must
begin with district one in the southeast corner of the state and end with
district eight in the northeast corner of the state.

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Subd. 6.Minority
representation.(a) The
dilution of racial or ethnic minority voting strength is contrary to the laws
of the United States and the state of Minnesota.These principles must not be construed to
supersede any provision of the Voting Rights Act of 1965, as amended.

(b) A redistricting plan must not have
the intent or effect of dispersing or concentrating minority population in a
manner that prevents minority communities from electing their candidates of
choice.

Subd. 7.Minor
civil divisions.(a) A
county, city, or town must not be unduly divided unless required to meet equal
population requirements or to form districts composed of convenient, contiguous
territory.

(b) A county, city, or town is not
unduly divided in the formation of a legislative or congressional district if:

(1) the division occurs because a
portion of a city or town is noncontiguous with another portion of the same
city or town; or

(2) despite the division, the known
population of any affected county, city, or town remains wholly located within
a single district.

Subd. 8.Preserving
communities of interest.(a)
Districts should attempt to preserve identifiable communities of interest where
that can be done in compliance with the principles under this section.

(b) For purposes of this subdivision,
"communities of interest" means recognizable areas with similarities
of interests including but not limited to racial, ethnic, geographic, social,
or cultural interests.

Subd. 9.Data
to be used.(a) The
geographic areas and population counts used in maps, tables, and legal
descriptions of the districts must be those used by the Geographic Information
Systems Office of the Legislative Coordinating Commission.The population counts shall be the block
population counts provided to the state under Public Law 94-171 after each
decennial census, subject to correction of any errors acknowledged by the
United States Census Bureau.

(b) Nothing in this subdivision
prohibits the use of additional data, as determined by the legislature.

Subd. 10.Consideration
of plans.A redistricting
plan must not be considered for adoption by the senate or house of
representatives until a block equivalency file showing the district to which
each census block has been assigned, in a form prescribed by the director of
the Geographic Information Systems Office, has been filed with the director.

Subd. 11.Priority
of principles.Where it is
not possible to fully comply with the principles contained in subdivisions 2 to
8, a redistricting plan must give priority to those principles in the order in
which they are listed, except to the extent that doing so would violate federal
or state law.

EFFECTIVE
DATE.This section is
effective the day following final enactment and applies to any plan for districts
enacted or established for use on or after that date.

Subd. 12.Emergency
operations and continuity of the legislative branch.The commission must adopt and
regularly review an emergency operations and continuity of government plan for
the legislative branch, as required by section 12.401.

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Subd. 9.Powers;
duties; Metropolitan Council appointments oversight.The commission must monitor appointments
to the Metropolitan Council and may make recommendations on appointments to
the nominating committee under section 473.123, subdivision 3, or to the
governor before the governor makes the appointments.The commission may also make recommendations
to the senate before appointments are presented to the senate for its advice
and consent.

Subdivision 1.Establishment;
duties.The Legislative Budget
Office is established under control of the Legislative Coordinating
Commission to provide the house of representatives and senate with
nonpartisan, accurate, and timely information on the fiscal impact of proposed
legislation, without regard to political factors.

Subdivision 1.Establishment;
duties.The Legislative Budget
Office is established under control of the Legislative Coordinating Commission
to provide the house of representatives and senate with nonpartisan, accurate,
and timely information on the fiscal impact of proposed legislation, and to
evaluate the effectiveness of state and county programs authorized by the
legislature using the return on taxpayer investment methodology established by
the Pew-MacArthur Results First framework.The duties of the office must be conducted without regard to
political factors.

(1) two members of the senate appointed
by the Subcommittee on Committees of the Committee on Rules and Administration;

(2) two members of the senate appointed
by the senate minority leader;

(3) two members of the house of
representatives appointed by the speaker of the house; and

(4) two members of the house of
representatives appointed by the minority leader.

The director of the Legislative Budget Office is the
executive secretary of the commission.The
chief nonpartisan fiscal analyst of the house of representatives, the lead
nonpartisan fiscal analyst of the senate, the state budget director, and the
legislative auditor are ex-officio, nonvoting members of the commission.

(b) Members serve at the pleasure of the
appointing authority, or until they are not members of the legislative body
from which they were appointed.Appointing
authorities shall fill vacancies on the commission within 30 days of a vacancy
being created.

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(c)
The commission shall meet in January of each odd-numbered year to elect its
chair and vice-chair.They shall serve
until successors are elected.The chair
and vice-chair shall alternate biennially between the senate and the house of representatives.The commission shall meet at the call of the
chair.The members shall serve without
compensation but may be reimbursed for their reasonable expenses consistent
with the rules of the legislature governing expense reimbursement.

(d) The commission shall review the
work of the Legislative Budget Office and make recommendations, as the
commission determines necessary, to improve the office's ability to fulfill its
duties, and shall perform other functions as directed by this section.

EFFECTIVE
DATE; FIRST MEETING.This
section is effective the day following final enactment.Appointments to the oversight commission must
be made no later than June 15, 2018.The
chair of the Legislative Coordinating Commission must designate one appointee
to convene the commission's first meeting.The designated appointee must convene the first meeting no later than
July 1, 2018.

Subd. 2.Staff.The Legislative Coordinating
CommissionLegislative Budget Office Oversight Commission must
appoint a director whoand establish the director's duties.The director may hire staff necessary to
do the work of the office.The director
serves in the unclassified service for a term of six years and may not
be removed during a term except for cause after a public hearing.The director of the office is a public
official for purposes of sections 10A.07 to 10A.09.

Subd. 3.Standards
and guidelines.The
Legislative Budget Office must adopt uniform standards, guidelines, and
procedures governing the timely preparation of fiscal notes as required by this
section and section 3.98.The standards,
guidelines, and procedures are not effective until they are approved by the
oversight commission.Upon approval, the
standards and guidelines must be published in the State Register and on the
office's Web site.

EFFECTIVE
DATE.This section is
effective January 8, 2019, provided that the uniform procedures to be used may
be developed and adopted by the oversight commission prior to the effective
date of this section.

Subd. 4.Access
to data.(a) Upon request of
the director of the Legislative Budget Office, the head or chief administrative
officer of each department or agency of state government, including the Supreme
Court, must promptly supply any data that, in the director's judgment, is
relevant to legislation that is the subject of a fiscal note prepared by the
department or agency.

(b) To the extent that data supplied to
the Legislative Budget Office are classified as not public under chapter 13 or
other applicable law, the Legislative Budget Office must maintain and
administer the data in the same manner as required of a government entity subject
to that classification.Not public data
supplied under this subdivision may only be used by the Legislative Budget
Office to review a department or agency's work in preparing a fiscal note and
may not be used or disseminated for any other purpose, including use by or
dissemination to a legislator or to any officer, department, agency, or
committee within the legislative branch.A violation of this paragraph by the director or other staff of the
Legislative Budget Office is subject to the penalties and remedies provided in
sections 13.08 and 13.09, and any other applicable law governing the
unauthorized use or acquisition of not public data.

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(c)
Upon approval by the Legislative Budget Office, a completed fiscal note must be
delivered to the legislative committee chair who made the request, and to the
chief author of the legislation to which it relates.Within 24 hours of approval, a completed
fiscal note must be posted on the office's public Web site, unless data
maintained by a government entity related to the fiscal note are classified as
not public under section 13.64, subdivision 3.

Subdivision 1.Preparation;
duties.(a) The head or chief
administrative officer of each department or agency of the state government,
including the Supreme Court, shall cooperate, in consultation
with the Legislative Budget Office and the Legislative Budget Office mustand consistent with the standards, guidelines, and procedures adopted under
section 3.8853, prepare a fiscal note at the request of the chair of the
standing committee to which a bill has been referred, or the chair of the house
of representatives Ways and Means Committee, or the chair of the senate
Committee on Finance.

(b) Upon request of the Legislative
Budget Office, the head or chief administrative officer of each department or
agency of state government, including the Supreme Court, must promptly supply
all information necessary for the Legislative Budget Office to prepare an
accurate and timely fiscal note.

(c) The Legislative Budget Office may
adopt standards and guidelines governing timing of responses to requests for
information and governing access to data, consistent with laws governing access
to data.Agencies must comply with these
standards and guidelines and the Legislative Budget Office must publish them on
the office's Web site.

(d)(b) For purposes of this
subdivision, "Supreme Court" includes all agencies, committees, and
commissions supervised or appointed by the state Supreme Court or the state
court administrator.

EFFECTIVE
DATE.This section is
effective January 8, 2019.

Sec. 13.[4.074]
PAYMENTS FROM EXECUTIVE AGENCIES.

The Office of the Governor may not
receive payments to the governor's office account in the special revenue fund
of more than $750,000, in total, each fiscal year from other executive agencies
under section 15.53 to support costs, not including the residence
groundskeeper, incurred by the office.

Sec. 14.[5.42]
DISPLAY OF BUSINESS ADDRESS ON WEB SITE.

(a) A business entity may request in
writing that all addresses submitted by the business entity to the secretary of
state be omitted from display on the secretary of state's Web site.A business entity may only request that all
addresses be omitted from display if the entity certifies that:

(1) there is only one shareholder,
member, manager, or owner of the business entity;

(2) the shareholder, manager, member,
or owner is a natural person; and

(3) at least one of the addresses
provided is the residential address of the sole shareholder, manager, member,
or owner.

The secretary of state shall post a notice that this
option is available and a link to the form needed to make a request on the
secretary's Web site.The secretary of
state shall also attach a copy of the request form to all business filing forms
provided in a paper format that require a business entity to submit an address.

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(b)
This section does not change the classification of data under chapter 13 and
addresses shall be made available to the public in response to requests made by
telephone, mail, electronic mail, and facsimile transmission.

EFFECTIVE DATE.This section is effective August 1,
2018, and applies to business entity filings filed with the secretary of state
on or after that date.

Subd. 3.CPA firm audit.(a) A county audit performed by a
CPA firm must meet the standards and be in a form meeting recognized industry
auditing standards.The state auditor
may require additional information from the CPA firm if the state auditor
determines that is in the public interest, but the state auditor must accept
the audit unless the state auditor determines the audit or its form does not
meet recognized industry auditing standards.The state auditor may make additional examinations as the auditor
determines to be in the public interest.

(b) When the state auditor requires additional
information from the CPA firm or makes additional examinations that the state
auditor determines to be in the public interest, the state auditor must afford
counties and CPA firms an opportunity to respond to potential findings,
conclusions, or questions, as follows:

(1) at least 30 days before beginning a review for work
performed by a certified public accountant firm licensed in chapter 326A, the
state auditor must notify the county and CPA firm that the state auditor will
be conducting a review and must identify the type and scope of review the state
auditor will perform;

(2) throughout the state auditor's review, the auditor
shall allow the county and the CPA firm at least 30 days to respond to any
request by the auditor for documents or other information;

(3) the state auditor must provide the CPA firm with a
draft report of the state auditor's findings at least 30 days before issuing a
final report;

(4) at least 20 days before issuing a final report, the
state auditor must hold a formal exit conference with the CPA firm to discuss
the findings in the state auditor's draft report;

(5) the state auditor shall make changes to the draft
report that are warranted as a result of information provided by the CPA firm
during the state auditor's review; and

(6) the state auditor's final report must include any
written responses provided by the CPA firm.

Sec. 16.Minnesota
Statutes 2016, section 8.065, is amended to read:

8.065 PRIVATE
ATTORNEY CONTRACTS.

Subdivision 1.Contracts for legal services
in excess of $1,000,000.The
attorney general may not enter into a contract for legal services in which the
fees and expenses paid by the state exceed, or can reasonably be expected to
exceed, $1,000,000 unless the attorney general first submits the proposed
contract to the Legislative Advisory Commission, and waits at least 20 days to
receive a possible recommendation from the commission.

Subd. 2.Contingent fee contracts.(a) Except as provided in paragraph
(b), the attorney general may not contract for legal services on a contingent
fee basis.

(b) Paragraph (a) does not apply to contracts for legal
services on behalf of the Department of Human Services for Medicaid third-party
liability or false claims recoveries.Contracts
for these services may not exceed two years, and are subject to the competitive
proposal requirements for professional and technical services contracts
provided

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in
section 16C.08.No later than January 15
of each year, the attorney general and the commissioner of human services must
jointly submit a report to the chairs and ranking minority members of the
legislative committees with jurisdiction over state government finance that
includes a copy of the contract for legal services, and details on:

(1) the number of claims for recovery
filed by attorneys providing services on a contingent fee basis;

(2) the number of recovery claims that
were successful, including the amounts recovered in each successful claim; and

(3) the total amount of attorney fees
due or paid following each successful claim.

EFFECTIVE
DATE.This section is
effective the day following final enactment and applies to contracts entered
into on or after that date.Subdivision
2, paragraph (b), applies to legal services for claims filed on or after August
1, 2018.

(2) individual employed by the legislature
as secretary of the senate, legislative auditor, director of the Legislative
Budget Office, chief clerk of the house of representatives, revisor of
statutes, or researcher, legislative analyst, fiscal analyst, or attorney in
the Office of Senate Counsel, Research, and Fiscal Analysis, House Research, or
the House Fiscal Analysis Department;

(3) constitutional officer in the executive
branch and the officer's chief administrative deputy;

(4) solicitor general or deputy, assistant,
or special assistant attorney general;

(5) commissioner, deputy commissioner, or
assistant commissioner of any state department or agency as listed in section
15.01 or 15.06, or the state chief information officer;

(6) member, chief administrative officer, or
deputy chief administrative officer of a state board or commission that has
either the power to adopt, amend, or repeal rules under chapter 14, or the
power to adjudicate contested cases or appeals under chapter 14;

(7)
individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under
chapter 14;

(8) executive director of the State Board of
Investment;

(9) deputy of any official listed in clauses
(7) and (8);

(10) judge of the Workers' Compensation
Court of Appeals;

(11) administrative law judge or
compensation judge in the State Office of Administrative Hearings or
unemployment law judge in the Department of Employment and Economic
Development;

Subd. 7.Political activity.All members and employees of the board
are subject to any provisions of law regulating political activity by state
employees.In addition, no member or
employee of the board may be a candidate for, or holder of, (1) a national,
state, congressional district, legislative district, county, or precinct office
in a political party, or (2) an elected public office for which party
designation is required by statute.For
purposes of this subdivision, "employee of the board" includes any
board employee and any employee of the Office of MN.IT Services assigned to
provide information technology services to the board.

Subd. 2.State emergency plan.The division shall develop and maintain a
comprehensive state emergency operations plan and emergency management program
in accord with section 12.21, subdivision 3, clause (2)paragraph (b),
and ensure that other state emergency plans that may be developed are
coordinated and consistent

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with
the comprehensive state emergency operations plan.The director of the division must provide
assistance to the legislative branch, the judicial branch, and the executive
council in developing the plans required by sections 12.401, 12.402, and
12.403.

Subd. 3.Specific
authority.(a) In performing
duties under this chapter and to effect its policy and purpose, the governor
may:

(1) make, amend, and rescind the necessary
orders and rules to carry out the provisions of this chapter and section
216C.15 within the limits of the authority conferred by this section, with due
consideration of the plans of the federal government and without complying with
sections 14.001 to 14.69, but no order or rule has the effect of law except as
provided by section 12.32;

(2) ensure that a comprehensive
emergency operations plan and emergency management program for this state are
developed and maintained, and are integrated into and coordinated with the
emergency plans of the federal government and of other states to the fullest
possible extent;

(3)(2) in accordance with
the emergency operations plan and the emergency management program of this
state, procure supplies, equipment, and facilities; institute training programs
and public information programs; and take all other preparatory steps,
including the partial or full activation of emergency management organizations
in advance of actual disaster to ensure the furnishing of adequately trained
and equipped forces of emergency management personnel in time of need;

(4)(3) make studies and
surveys of the industries, resources, and facilities in this state as may be
necessary to ascertain the capabilities of the state for emergency management
and to plan for the most efficient emergency use of those industries,
resources, and facilities;

(5)(4) on behalf of this
state, enter into mutual aid arrangements or cooperative agreements with other
states, tribal authorities, and Canadian provinces, and coordinate mutual aid
plans between political subdivisions of this state;

(6)(5) delegate administrative
authority vested in the governor under this chapter, except the power to make
rules, and provide for the subdelegation of that authority;

(7)(6) cooperate with the
president and the heads of the armed forces, the Emergency Management Agency of
the United States and other appropriate federal officers and agencies, and with
the officers and agencies of other states in
matters pertaining to the emergency management of the state and nation,
including the direction or control of:

(i) emergency preparedness drills and
exercises;

(ii) warnings and signals for drills or
actual emergencies and the mechanical devices to be used in connection with
them;

(iii) shutting off water mains, gas mains,
electric power connections and the suspension of all other utility services;

(iv) the conduct of persons in the state,
including entrance or exit from any stricken or threatened public place,
occupancy of facilities, and the movement and cessation of movement of
pedestrians, vehicular traffic, and all forms of private and public
transportation during, prior, and subsequent to drills or actual emergencies;

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(v)
public meetings or gatherings; and

(vi) the evacuation, reception, and
sheltering of persons;

(8)(7) contribute to a
political subdivision, within the limits of the appropriation for that purpose,
not more than 25 percent of the cost of acquiring organizational equipment that
meets standards established by the governor;

(9)(8) formulate and
execute, with the approval of the Executive Council, plans and rules for the
control of traffic in order to provide for the rapid and safe movement over
public highways and streets of troops, vehicles of a military nature, and
materials for national defense and war or for use in any war industry, for the
conservation of critical materials, or for emergency management purposes; and
coordinate the activities of the departments or agencies of the state and its
political subdivisions concerned directly or indirectly with public highways
and streets, in a manner that will best effectuate those plans;

(10)(9) alter or adjust by
executive order, without complying with sections 14.01 to 14.69, the working
hours, workdays and work week of, and annual and sick leave provisions and
payroll laws regarding all state employees in the executive branch as the
governor deems necessary to minimize the impact of the disaster or emergency,
conforming the alterations or adjustments to existing state laws, rules, and
collective bargaining agreements to the extent practicable;

(11)(10) authorize the
commissioner of education to alter school schedules, curtail school activities,
or order schools closed as defined in section 120A.05, subdivisions 9, 11, 13,
and 17, and including charter schools under chapter 124E, and elementary
schools enrolling prekindergarten pupils in district programs; and

(12)(11) transfer the
direction, personnel, or functions of state agencies to perform or facilitate
response and recovery programs.

(b) In performing duties under this
chapter and to effect its policy and purpose, the governor must direct the
Division of Emergency Management to adopt and maintain a comprehensive
emergency operations plan and emergency management program for this state that
is integrated into and coordinated with the emergency plans of the federal
government and other states to the fullest possible extent.The comprehensive emergency operations plan
must incorporate plans for the secure, continued operation of state government
in the event of a disaster or emergency, including those adopted under sections
12.401, 12.402, and 12.403.

Subdivision 1.Adoption
of plan required.(a) The
Legislative Coordinating Commission must adopt and maintain an emergency
operations and continuity of government plan to ensure the secure, continued
operation of the house of representatives, senate, and joint legislative
offices in the event of a disaster, emergency, or declared emergency.In developing the plan, the commission must
consult and cooperate with the state director of emergency management to ensure
the plan's compatibility with the comprehensive state emergency operations plan
and emergency management program.The
commission must also consult with the governor or the governor's designee, and
the chief justice of the Supreme Court or the chief justice's designee, to
ensure the plan's compatibility with those adopted for the judicial branch
under section 12.402 and the executive council under section 12.403, to the
extent practical.

(b) At a minimum, the commission's plan
must address reasonably foreseeable effects of a disaster, emergency, or
declared emergency on the ability of the legislature to perform its
constitutional functions, including but not limited to the following:

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(1)
identification of at least three suitable locations within the state at which
the legislature could conduct operations in the event of a disaster or declared
emergency that makes the State Capitol unsafe or inaccessible, with one
location designated as a primary alternate location and two designated as
backup alternate locations if the primary location is unsafe or inaccessible;

(2) plans to provide timely and secure
communications regarding a disaster, emergency, or declared emergency to all
affected members and personnel, including alternate methods of communication if
a primary method is unavailable;

(3) plans to securely transport all
members, designated personnel, and necessary equipment and records to an
alternate location and begin legislative operations at that location in a
timely manner;

(4) plans to ensure reasonable public
notice of the legislature's operations and access to its proceedings in-person
or by electronic, broadcast, or other means as the circumstances of the
emergency allow;

(5) additional procedures, as
necessary, to implement the requirements of subdivisions 2 and 3;

(6) procedures for the orderly return
of legislative operations to the State Capitol, as soon as circumstances allow;
and

(7) policy decisions that address any
other procedures or protocols recommended for inclusion by the state director
of emergency management.

(c)
The plan must be adopted and maintained by the Legislative Coordinating
Commission no later than January 30, 2019, and may be subsequently
amended at any time.At a minimum, the
plan must be reviewed by the full commission and designated legislative staff
no later than January 30 of each odd-numbered year.A meeting of the commission may be closed to
the public for any of these purposes.

(d) Copies of the plan must be filed
with the governor, the secretary of state, the state director of emergency
management, and at each of the alternate locations designated in the plan.Unless otherwise directed by the Legislative Coordinating
Commission, the copies of the plan must be securely maintained and may not be
further disclosed to any person except as required by this chapter, or as
necessary to develop and implement the plan's requirements.To the extent data regarding the plan is held
by a government entity, as defined in section 13.02, subdivision 7a, the data
are security information under section 13.37.

Subd. 2.Implementation
of plan.(a) The governor or
the chair of the Legislative Coordinating Commission may order that the
legislature's emergency operations and continuity of government plan be
implemented in whole or in part, if an emergency is declared or if
circumstances indicate a disaster or emergency is occurring or a declared
emergency may be imminent.If a change
in location is ordered, the legislature must be directed to a location
designated in the plan, or if those designated locations are unsafe or
inaccessible, to any other location within or outside of the state which the
governor or chair deems safe and accessible.If implementation of the plan is ordered by the chair of the Legislative
Coordinating Commission, the chair must notify the governor and the state
director of emergency management as soon as practicable following
implementation.

(b) A legislative session convened at
an alternate location must be reconvened at the State Capitol as soon as
practical after the capitol is secured and restored to accessibility.

Subd. 3.Special
session at an alternate location; legislative procedure.(a) In the event of a declared
emergency, if the legislature is not in session, the governor shall convene a
special session when required by section 12.31, subdivisions 1 and 2.

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(b)
If the governor fails to convene a special session after declaring a national security
emergency, the chair of the Legislative Coordinating Commission shall order
implementation of the legislature's emergency operations and continuity of
government plan, and the legislature shall convene at the State Capitol, or
alternate location designated by the plan, on the first Tuesday after the first
Monday more than 30 days after the national security emergency was declared.

(c) At a special session convened at an
alternate location due to a disaster, emergency, or declared emergency, the quorum
requirement for the legislature is a majority of the members of each house who
convene for the session.If the
affirmative vote of a specified proportion of members of the legislature would
otherwise be required to approve a bill, resolution, or for any other action,
the same proportion of the members of each house convening at the session is
sufficient.At the time the special
session convenes, the legislature shall adopt temporary joint rules as
necessary to ensure the orderly conduct of legislative business in the
alternate location, including compliance with the requirements of the Minnesota
Constitution and the rules of parliamentary practice.

Subdivision 1.Adoption
of plan required.(a) The
Supreme Court must adopt and maintain an emergency operations and continuity of
government plan to ensure the secure, continued operation of the judicial
branch in the event of a disaster, emergency, or declared emergency.In developing the plan, the court must
consult and cooperate with the state director of emergency management to ensure
the plan's compatibility with the comprehensive state emergency operations plan
and emergency management program.The
court must also consult the governor or the governor's designee, and the chair
of the Legislative Coordinating Commission, or the chair's designee, to ensure
the plan's compatibility with those adopted for the executive council and
legislative branch under sections 12.401 and 12.403, to the extent practical.

(b) At a minimum, the Supreme Court's
plan must address reasonably foreseeable effects of a disaster, emergency, or
declared emergency, on the ability of the judicial branch to perform its
constitutional functions, including but not limited to the following:

(1) identification of at least three
suitable locations within the state at which the Supreme Court, Court of
Appeals, and central administrative functions of the judicial branch could
operate in the event of a disaster or declared emergency that make its regular
location unsafe or inaccessible, with one location designated as a primary
alternate location and two designated as backup alternate locations if the
primary location is unsafe or inaccessible;

(2) plans to provide timely and secure
communications regarding a disaster, emergency, or declared emergency to all
affected personnel, including alternate methods of communication if a primary
method is unavailable;

(3) plans to securely transport
affected justices, judges, designated personnel, and necessary equipment and
records to an alternate location and begin judicial operations at that location
in a timely manner;

(4) plans to ensure reasonable public
notice of the judicial branch's operations and access to its proceedings and
records in-person or by electronic, broadcast, or other means as the rules of
the court require and the circumstances of the emergency allow;

(5) plans to ensure the rights and
protections guaranteed by the federal and state constitutions to criminal
defendants, petitioners, and civil litigants are preserved;

(6) procedures for the orderly return
of judicial branch operations to their regular location, as soon as
circumstances allow; and

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(7)
policy decisions that address any other procedures or protocols recommended for
inclusion by the state director of emergency management.

(c) The plan must be adopted and
maintained by the Supreme Court no later than January 30, 2019, and may be
subsequently amended at any time.At a
minimum, the plan must be reviewed by the justices and judges of the Supreme
Court and Court of Appeals, and designated staff, no later than January 30 of
each odd-numbered year.

(d) Copies of the plan must be filed
with the governor, the secretary of state, the state director of emergency
management, and at each of the alternate locations designated in the plan.Unless otherwise directed by the court, the
copies of the plan must be securely maintained and may not be further disclosed
to any person except as required by this chapter, or as necessary to develop
and implement the plan's requirements.To
the extent data regarding the plan is held by a government entity, as defined
in section 13.02, subdivision 7a, the data are security information under
section 13.37.

Subd. 2.Implementation
of plan.(a) The governor or
the chief justice may order that the judiciary's emergency operations and
continuity of government plan be implemented in whole or in part, if an
emergency is declared or if circumstances indicate a disaster or emergency is
occurring or a declared emergency may be imminent.If a change in location is ordered, the
affected personnel must be directed to a location designated in the plan, or if
those designated locations are unsafe or inaccessible, to any other location
within or outside of the state which the governor or chief justice deems safe
and accessible.If implementation of the
plan is ordered by the chief justice, the chief justice must notify the
governor and the state director of emergency management as soon as practicable
following implementation.

(b) A court convened at an alternate
location must be reconvened at its regular location as soon as practical after
the location is secured and restored to accessibility.

Subdivision 1.Adoption
of plan required.(a) The
executive council must adopt and maintain an emergency operations and
continuity of government plan to ensure the secure, continued operation of each
constitutional office in the event of a disaster, emergency, or declared
emergency.In developing the plan, the
council must consult and cooperate with the state director of emergency
management to ensure the plan's compatibility with the comprehensive state
emergency operations plan and emergency management program.The council must also consult the chair of
the Legislative Coordinating Commission or the chair's designee, and the chief
justice of the Supreme Court or the chief justice's designee, to ensure the
plan's compatibility with those adopted for the legislative branch and judicial
branch under sections 12.401 and 12.402, to the extent practical.

(b) At a minimum, the council's plan
must address reasonably foreseeable effects of a disaster, emergency, or
declared emergency, on the ability of the state constitutional officers to
perform their constitutional functions, including but not limited to the
following:

(1) identification of at least three
suitable locations within the state at which the constitutional officers could
conduct operations in the event of a disaster, emergency, or declared emergency
that make their regular locations unsafe or inaccessible, with one location
designated as a primary alternate location and two designated as backup alternate
locations if the primary location is unsafe or inaccessible;

(2) plans to provide timely and secure
communications regarding a disaster, emergency, or declared emergency to all
affected constitutional officers and personnel, including alternate methods of
communication if a primary method is unavailable;

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(3)
plans to securely transport all constitutional officers, designated personnel,
and necessary equipment and records to an alternate location and begin
operations at that location in a timely manner;

(4) plans to ensure reasonable public
notice of each constitutional officer's operations and access to the officers
and records in person or by electronic, broadcast, or other means as the
circumstances of the emergency allow;

(5) procedures for the orderly return
of operations to the State Capitol, as soon as circumstances allow; and

(6) policy decisions that address any
other procedures or protocols recommended for inclusion by the state director
of emergency management.

(c) The plan must be adopted no later
than January 30, 2019, and may be subsequently amended at any time.At a minimum, the plan must be reviewed by
the executive council and designated staff no later than January 30 of each
odd-numbered year.A meeting of the
council may be closed to the public for any of these purposes.

(d) Copies of the plan must be filed
with each constitutional officer, the state director of emergency management,
and at each of the alternate locations designated in the plan.Unless otherwise directed by the executive
council, the copies of the plan are security data under section 13.37, must be
securely maintained, and may not be further disclosed to any person except as
required by this chapter, or as necessary to develop and implement its
requirements.

Subd. 2.Implementation
of plan.(a) The governor or
any constitutional officer, with respect to that officer's constitutional
office, may order that the executive council's emergency operations and
continuity of government plan be implemented in whole or in part, if an
emergency is declared or if circumstances indicate a disaster or emergency is
occurring or a declared emergency may be imminent.If a change in location is ordered, affected
personnel must be directed to a location designated in the plan, or if those
designated locations are unsafe or inaccessible, to any other location within
or outside of the state which the governor or constitutional officer deems safe
and accessible.If implementation of the
plan is ordered by a constitutional officer other than the governor, the
officer must notify the governor and the state director of emergency management
as soon as practicable following implementation.

(b) A constitutional officer's primary
office must be returned to its regular location as soon as practical after that
location is secured and restored to accessibility.

Subdivision 1.Information
policy analysis unit established.An
information policy analysis unit is established as a work unit within the
Office of Administrative Hearings.

Subd. 2.Data
practices coordinator.(a)
The chief administrative law judge shall appoint a data practices coordinator
in the unclassified service who shall oversee the operations of the information
policy analysis unit.

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(b)
The coordinator must be knowledgeable about the Minnesota Government Data
Practices Act, the Minnesota Open Meeting Law, and federal laws and regulations
regarding data privacy. The coordinator
must have experience in dealing with both private enterprise and governmental
entities, interpreting laws and regulations, record keeping, report writing,
public speaking, and management.

Subd. 3.Duties.The information policy analysis unit
shall:

(1) informally advise and serve as a
technical resource for government entities on questions related to public
access to government data, rights of subjects of data, classification of data,
or applicable duties under chapter 13D;

(2) informally advise persons regarding
their rights under this chapter or chapter 13D;

(3) administer training on chapter 13D
and the public information policy training program under section 13.073;

(4) issue advisory opinions pursuant to
section 13.072;

(5) operate in a manner that effectively
screens the work of the information policy analysis unit from any
administrative law judges assigned to a contested case pursuant to section
13.085; and

(6) perform other duties as directed by
the chief administrative law judge.

Subd. 4.Effect
of informal advice.Informal
advice or trainings offered by the information policy analysis unit is not
binding on a government entity or members of a body subject to chapter 13D,
does not constitute legal advice or an advisory opinion under section 13.072,
and has no effect on liability, fines, or fee awards arising from a violation
of this chapter or chapter 13D.This
section does not preclude a person from, in addition to or instead of
requesting advice from the information policy analysis unit, seeking an
advisory opinion under section 13.072, or bringing any other action under this
chapter or other law.

Subd. 5.Data
submitted to information policy analysis unit.A government entity may submit not
public data to the information policy analysis unit for the purpose of
requesting advice.Government data
submitted to the information policy analysis unit by a government entity or
copies of government data submitted by other persons have the same
classification as the data have when held by the government entity.

Subdivision 1.Advisory
opinion; when required.(a) Upon
request of a government entity, the commissioner mayinformation
policy analysis unit shall give a written advisory opinion on any
question relating to public access to government data, rights of subjects of
data, or classification of data under this chapter or other Minnesota statutes
governing government data practices.Upon
request of any person who disagrees with a determination regarding data
practices made by a government entity, the commissioner mayinformation
policy analysis unit shall give a written advisory opinion regarding
the person's rights as a subject of government data or right to have access to
government data.

(b) Upon request of a body subject to chapter
13D, the commissioner mayinformation policy analysis unit shall
give a written advisory opinion on any question relating to the body's
duties under chapter 13D.Upon request
of a person who disagrees with the manner in which members of a governing body
perform their duties under chapter 13D, the commissioner mayinformation
policy analysis unit shall give a written advisory opinion on
compliance with chapter 13D.A
governing body or person requesting an opinion under this paragraph must pay
the commissioner a fee of $200.Money
received by the commissioner under this paragraph is appropriated to the
commissioner for the purposes of this section.

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(c)
If the commissioner determines that no opinion will be issued, the
commissioner shall give the government entity or body subject to chapter 13D or
person requesting the opinion notice of the decision not to issue the opinion
within five business days of receipt of the request.If this notice is not given, the commissionerThe information policy analysis unit shall issue an advisory
opinion within 20 days of receipt of the request.

(d) For good cause and upon written notice
to the person requesting the advisory opinion, the commissionerchief
administrative law judge may extend this deadline for one additional 30-day
period.The notice must state the reason
for extending the deadline.The
government entity or the members of a body subject to chapter 13D must be
provided a reasonable opportunity to explain the reasons for its decision
regarding the data or how they perform their duties under chapter 13D.The commissionerinformation policy
analysis unit or the government entity or body subject to chapter 13D may
choose to give notice to the subject of the data concerning the dispute
regarding the data or compliance with chapter 13D.

(e) This section does not apply to a determination
made by the commissioner of health under section 13.3805, subdivision 1,
paragraph (b), or 144.6581.

(f) A written, numbered, and published
opinion issued by the attorney general shall take precedence over an advisory
opinion issued by the commissionerinformation policy analysis unit
under this section.

(g) A decision of the Office of
Administrative Hearings issued under section 13.085 shall take precedence over
an advisory opinion issued by the information policy analysis unit under this section.

Subd. 2.Effect.(a) Advisory opinions issued by
the commissionerinformation policy analysis unit under this
section are not binding on the government entity or members of a body subject
to chapter 13D whose data or performance of duties is the subject of the advisory
opinion, but an advisory opinion described in subdivision 1, paragraph
(a), must be given deference by a court or other tribunal in a proceeding
involving the data.The commissionerinformation policy analysis unit shall arrange for public dissemination
of advisory opinions issued under this section, and shall indicate when
the principles stated in an advisory opinion are not intended to provide
guidance to all similarly situated persons or government entities.This section does not preclude a person from
bringing any other action under this chapter or other law in addition to or
instead of requesting a written advisory opinion.A government entity, members of a body
subject to chapter 13D, or person that acts in conformity with a written advisory
opinion of the commissionerinformation policy analysis unit
issued to the government entity, members, or person or to another party is not
liable for compensatory or exemplary damages or awards of attorneys fees in
actions for violations arising under section 13.08 or 13.085, or for a penalty
under section 13.09 or for fines, awards of attorney fees, or any other penalty
under chapter 13D.A member of a body
subject to chapter 13D is not subject to forfeiture of office if the member was
acting in reliance on an advisory opinion.

(b) The information policy analysis
unit shall publish and maintain all previously issued written opinions of the
commissioner of administration in the same manner as advisory opinions issued
by the information policy analysis unit.A previously issued written opinion by the commissioner of
administration has the same effect as an advisory opinion issued by the
information policy analysis unit.

Subd. 4.Data
submitted to commissionerinformation policy analysis unit.A government entity may submit not public
data to the commissionerinformation policy analysis unit for the
purpose of requesting or responding to a person's request for an advisory
opinion.Government data submitted to
the commissionerinformation policy analysis unit by a government
entity or copies of government data submitted by other persons have the same
classification as the data have when held by the government entity.If the nature of the advisory opinion
is such that the release of the advisory opinion would reveal not public
data, the commissionerinformation policy analysis unit may issue
an advisory opinion using pseudonyms for individuals.Data maintained by the commissionerinformation
policy analysis unit, in the record of an advisory opinion issued
using pseudonyms that would reveal the identities of individuals protected by
the use of the pseudonyms, are private data on individuals.

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Subd. 4.Action
to compel compliance.(a) Actions to
compel compliance may be brought either under this subdivision or section
13.085.For actions under this
subdivision, in addition to the remedies provided in subdivisions 1 to 3 or any
other law, any aggrieved person seeking to enforce the person's rights under
this chapter or obtain access to data may bring an action in district court to
compel compliance with this chapter and may recover costs and disbursements,
including reasonable attorney's fees, as determined by the court.If the court determines that an action
brought under this subdivision is frivolous and without merit and a basis in
fact, it may award reasonable costs and attorney fees to the responsible
authority.If the court issues an order
to compel compliance under this subdivision, the court may impose a civil
penalty of up to $1,000 against the government entity.This penalty is payable to the state general
fund and is in addition to damages under subdivision 1.The matter shall be heard as soon as possible.In an action involving a request for
government data under section 13.03 or 13.04, the court may inspect in camera
the government data in dispute, but shall conduct its hearing in public and in
a manner that protects the security of data classified as not public. If the court issues an order to compel
compliance under this subdivision, the court shall forward a copy of the order
to the commissioner of administrationchief administrative law judge.

(b) In determining whether to assess a civil
penalty under this subdivision, the court or other tribunal shall consider
whether the government entity has substantially complied with general data
practices under this chapter, including but not limited to, whether the
government entity has:

(3) prepared the data inventory that names
the responsible authority and describes the records and data on individuals that
are maintained by the government entity under section 13.025, subdivision 1;

(4) developed public access procedures under
section 13.03, subdivision 2; procedures to guarantee the rights of data
subjects under section 13.025, subdivision 3; and procedures to ensure that
data on individuals are accurate and complete and to safeguard the data's
security under section 13.05, subdivision 5;

(5) acted in conformity with an advisory
opinion issued under section 13.072 that was sought by a government entity or
another person;

(6) acted in conformity with a decision
of the Office of Administrative Hearings issued under section 13.085; or

(6)(7) provided ongoing
training to government entity personnel who respond to requests under this
chapter.

(c) The court shall award reasonable
attorney fees to a prevailing plaintiff who has brought an action under this
subdivision if the government entity that is the defendant in the action was
also the subject of a writtenan advisory opinion issued under section
13.072 or a decision of the Office of Administrative Hearings issued under
section 13.085 and the court finds that the opinion or decision is
directly related to the cause of action being litigated and that the government
entity did not act in conformity with the opinion or decision.

Subd. 2.Complaints.(a) A complaint alleging a violation of
this chapter or chapter 13D for which an order to compel compliance is
requested may be filed with the office.An
action to compel compliance does not include procedures pursuant to section
13.04, subdivision 4 or 4a.

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(b)
The complaint must be filed with the office within two years after the
occurrence of the act or failure to act that is the subject of the complaint,
except that if the act or failure to act involves concealment or
misrepresentation by the government entity that could not be discovered during
that period, the complaint may be filed with the office within one year after
the concealment or misrepresentation is discovered.

(c) The complaint must be made in writing,
submitted under oath, and detail the factual basis for the claim that a
violation of law has occurred.The
office may prescribe a standard form for the complaint.The complaint must be accompanied by a filing
fee of $1,000$250 or a bond to guarantee the payment of this
fee.

(d) Upon receipt of a filed complaint, the
office must immediately notify the respondent and, if known, the applicable
responsible authority for the government entity, if the responsible authority
is not otherwise named as the respondent.The office must provide the respondent with a copy of the complaint by
the most expeditious means available.Notice
to a responsible authority must be delivered by certified mail.The office must also notify, to the extent
practicable, any individual or entity that is the subject of all or part of the
data in dispute.

(e) The office must notify the
commissioner of administration of an action filed under this section.Proceedings under this section must be
dismissed without prejudice as untimely and the complainant's filing fee
must be refunded if a request for an advisory opinion from the
commissioner was accepted on the matter under section 13.072 before the
complaint was filed, and the complainant's filing fee must be refundedadvisory
opinion has not yet been issued.

(f) The respondent must file a response to
the complaint within 15 business days of receipt of the notice.For good cause shown, the office may extend
the time for filing a response.

Subd. 3.Probable
cause review.(a) In conformity
with the Minnesota Code of Judicial Conduct, the chief administrative law
judge must assign an administrative law judge to review each complaint.The chief administrative law judge must
ensure that any assigned administrative law judge is screened from any
involvement with any informal advice provided under section 13.071 or with an
advisory opinion issued under section 13.072 that involves the parties to the
complaint.Within 20 business days
after a response is filed, or the respondent's time to file the response,
including any extension, has expired, the administrative law judge must make a
preliminary determination for its disposition as follows:

(1) if the administrative law judge
determines that the complaint and any timely response of the respondent agency
do not present sufficient facts to believe that a violation of this chapter has
occurred, the complaint must be dismissed; or

(2) if the administrative law judge
determines that the complaint and any timely response of the respondent agency
do present sufficient facts to believe that a violation of this chapter has
occurred, the judge must schedule a hearing as provided in subdivision 4.

(b) The office must notify all parties of
the determination made under paragraph (a).The notice must provide as follows:

(1) if the complaint is scheduled for a
hearing, the notice must identify the time and place of the hearing and inform
all parties that they may submit evidence, affidavits, documentation, and
argument for consideration by the administrative law judge; or

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(2)
if the complaint is dismissed for failure to present sufficient facts to
believe that a violation of this chapter has occurred, the notice must inform
the parties of the right of the complainant to seek reconsideration of the
decision on the record by the chief administrative law judge, as provided in
paragraph (c).

(c) A petition for reconsideration may be
filed no later than five business days after a complaint is dismissed for
failure to present sufficient facts to believe that a violation of this chapter
has occurred.The chief administrative
law judge must review the petition and make a final ruling within ten business
days after its receipt.If the chief
administrative law judge determines that the assigned administrative law judge
made a clear material error, the chief administrative law judge must schedule
the matter for a hearing as provided in subdivision 4.

Subd. 4.Hearing;
procedure.(a) A hearing on a
complaint must be held within 30 business days after the parties are notified
that a hearing will be held.An oral
hearing to resolve questions of law may be waived upon consent of all parties
and the presidingassigned administrative law judge.For good cause shown, the judge may delay the
date of a hearing by no more than ten business days.The judge may continue a hearing to enable
the parties to submit additional evidence or testimony.

(b) The administrative law judge must
consider any evidence and argument submitted until the hearing record is
closed, including affidavits and documentation.

(c) All hearings, and any records relating
to the hearing, must be open to the public, except that the judge may inspect
in camera any government data in dispute.If the hearing record contains information that is not public data, the
judge may conduct a closed hearing to consider the information, issue necessary
protective orders, and seal all or part of the hearing record, as provided in
section 14.60, subdivision 2.If a party
contends, and the judge concludes, that not public data could be improperly
disclosed while that party is presenting its arguments, the judge shall close
any portion of the hearing as necessary to prevent the disclosure.A hearing may be conducted by conference
telephone call or interactive audio/video system, at the discretion of the presidingassigned judge, and upon consent of all parties.

Subd. 5.Disposition.(a) Following a hearing, the judge must
determine whether the violation alleged in the complaint occurred and must make
at least one of the following dispositions.The judge may:

(1) dismiss the complaint;

(2) find that an act or failure to act
constituted a violation of this chapter;

(3) impose a civil penalty against the
respondent of up to $300;

(4) issue an order compelling the
respondent to comply with a provision of law that has been violated, and may
establish a deadline for production of data, if necessary; and

(5) refer the complaint to the appropriate
prosecuting authority for consideration of criminal charges.

(b) In determining whether to assess a
civil penalty, the office shall consider the factors described in section
13.08, subdivision 4.

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(c)
The judge must render a decision on a complaint within ten business days after
the hearing record closes.The chief
administrative law judge shall provide for public dissemination of orders
issued under this section.If the judge
determines that a government entity has violated a provision of law and issues
an order to compel compliance, the office shall forward a copy of the order to
the commissioner of administration.Any order issued pursuant to this section is enforceable through the
district court for the district in which the respondent is located.

(d) A party aggrieved by a final decision
on a complaint filed under this section is entitled to judicial review as
provided in sections 14.63 to 14.69.Proceedings
on a complaint are not a contested case within the meaning of chapter 14 and
are not otherwise governed by chapter 14.

(e) A decision of the office under this
section is not controlling in any subsequent action brought in district court
alleging the same violation and seeking damages.

(f)(e) A government entity
or person that releases not public data pursuant to an order under this section
is immune from civil and criminal liability for that release.A government entity or person that acts in
conformity with an order issued under this section to the government entity or
to any other person is not liable for compensatory or exemplary damage or
awards of attorney fees for acting in conformity with that order in actions
under this section or section 13.08, or for a penalty under section 13.09.